Michigan workers’ compensation lawyer examines the dangers of fatigue in the workplace and how to protect your legal rights.
Our lawyers have over 75 years of combined experience in workers’ compensation law. We have seen all types of workplace accidents and have represented thousands of disabled employees. It is natural for an individual who gets hurt at work to want to blame somebody. Here is some information about the dangers of fatigue in the workplace and how to protect legal rights.
Getting hurt at work can turn your life upside down for lots of reasons. Most people live paycheck-to-paycheck and missing even one week of pay can be a financial disaster. Getting needed medical care is difficult when the insurance company drags its feet or simply refuses to authorize treatment. Family relationships are strained when stress and worry take over.
Fatigue is defined by the Merriam-Webster online dictionary as: “Weariness or exhaustion from labor, exertion, or stress.” Our experience shows that poor sleep habits, lack of nutrition, dehydration, and underlying health problems all contribute to the dangers of fatigue in the workplace. Employees who are fatigued cause accidents that get people hurt. The risks of working under exhaustion are real and employees need to understand their legal rights.
Michigan law protects those who suffered injuries to fatigue dangers in the workplace
Michigan law protects employees who are hurt on-the-job regardless of fault. This includes employees who are fatigued themselves. Workers’ compensation benefits include money for lost wages equal to 80% of their after-tax average weekly wage. Workers’ compensation also pays for unlimited medical treatment.
Never let an employer or its insurance company dispute a claim because you were fatigued or someone else was at fault. Workers’ compensation benefits should be paid automatically if the accident occurred in the course and scope of employment. This is part of a trade-off between labor and business. Employees are guaranteed workers’ compensation benefits in exchange for giving up their right to sue their employer for negligence. This is known as the exclusive remedy provision.
Exclusive remedy extends to coworkers
Coworkers are usually the main culprit when it comes to dangers of fatigue in the workplace. Falling asleep, careless mistakes, and general laziness all contribute to this serious problem. Unfortunately, the exclusive remedy provision applies to coworkers. This means you cannot file a lawsuit against a coworker even if they were directly responsible for causing the accident. However, the employer is still responsible for paying lost wages and medical bills under workers’ compensation.
Potential lawsuit against negligent third-party
Sometimes the dangers of fatigue in the workplace are created by a negligent third-party. This is not your employer or coworker but someone else who caused the accident. We typically see this in the context of automobile accidents and/or defective machinery. Employees who get hurt because of a negligent third-party can file a lawsuit and seek additional damages like pain and suffering. It is important to speak with a lawyer who can investigate all potential claims and ensure legal rights are protected when a third-party is involved.
Injured on the job in Michigan due to fatigue dangers in the workplace and need legal help? Call our attorneys now for a free consultation!
If you are injured on the job in Michigan and you think your employer was negligent to the dangers of fatigue brought on by your workplace, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on the job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled employees exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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