Can I Sue My Employer For A Slip And Fall Accident?

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Can I Sue My Employer For A Slip And Fall Accident?

Michigan lawyer discusses if you can sue your employer for a slip and fall accident at work and how to get compensated by workers’ comp .

We get lots of telephone calls during snow and ice season from people who slipped and fell at work. They have many questions but just want to know how to get compensated. Can I sue my employer for a slip and fall accident in Michigan? What type of workers’ comp benefits can I get paid? What happens if my claim is disputed?

We explain that workers’ comp is considered the “exclusive remedy.” This means no lawsuit can be filed for this type of accident regardless of employer negligence. In exchange, the employee gets medical treatment, a percentage of lost wages, and vocational rehabilitation if needed.

Can I sue my employer for a slip and fall accident in Michigan?

An employee cannot sue their employer for a slip and fall accident in Michigan. Workers’ comp is the exclusive remedy. Employees are covered under workers’ comp when this type of accident occurs during working activities, on the premises of the employer, entering or leaving the building, walking to or from a designated parking area.

But there are some exceptions about this scenario to know about. An employee can file a lawsuit for this type of accident if there is no workers’ comp insurance. It is also possible to file a lawsuit for if the employer committed an intentional tort.

What type of workers’ comp benefits can I get paid for a claim?

All reasonable and necessary medical treatment should be paid without copayments or deductibles being owed. Employees can select their own doctor after 28 days from the start of medical care.

Lost wages should equal 80% of an employee’s after-tax average weekly wage. This calculation includes overtime, bonus pay, discontinued fringe benefits, and even second jobs. Weekly checks continue for the entire length of disability.

Vocational rehabilitation can be used to help find a new career. It pays for career counseling, retraining, and education.

What happens if my workers’ comp claim is disputed?

Insurance companies dispute workers’ comp benefits to save money at your expense. Hire an experienced workers’ comp lawyer if this should occur. There is never an attorney fee unless additional workers’ comp benefits or a settlement has been obtained.

Watch out for the independent medical examination (IME) because these doctors are hired by the insurance company and make careers out of testifying against people. Vocational counselors are used to say other work is available and weekly checks get reduced.

Can I sue my employer for a slip and fall accident if my workers’ comp claim is disputed? No, but an individual who finds their workers’ comp benefits disputed can file an Application for Mediation or Hearing. This starts a formal court process where a magistrate decides if additional medical or lost wages should be paid.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.

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Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.