What the employee needs to know about forklift accident at work in Michigan and how to protect their legal rights.
A Michigan employee who gets hurt at work is protected under workers’ comp law. This covers medical bills, lost wages, and vocational rehabilitation. Unfortunately, there are some jobs that are more dangerous than others and operating a forklift incorrectly can result in a serious accident. Our experience shows that employees are often put on forklifts without proper training, and this results in people getting hurt. Here is what to do after a forklift accident at work in Michigan.
Do I qualify for workers’ comp benefits after a forklift accident at work in Michigan?
To qualify for workers’ comp benefits, an employee must give notice of injury within 90 days and make a claim for benefits within 2 years. Both requirements can be oral so just telling a manger or supervisor is enough. We recommend that notice and claim be made immediately following any forklift accident a work. Make sure to contact an attorney if the employer or insurance carrier disputes benefits.
Can I sue my employer for negligence?
Workers’ comp is considered the exclusive remedy for on-the-job injuries. This means an employee cannot sue his or her employer for negligence. The exclusive remedy provision also protects coworkers who caused a forklift accident at work in Michigan. If the employer or coworker intended that a person get hurt, they may lose the protection of the exclusive remedy provision and subject themselves to additional damages beyond workers’ comp benefits.
Employees are entitled to receive medical treatment. This includes ambulance runs, emergency room visits, hospital stays, doctor visits, prescription medications, durable medical equipment, physical therapy, and surgery. There should never be any copayments or deductibles charged to an employee on workers’ comp. Family members can also be reimbursed up to 56 hours per week for providing attendant care to help with activities of daily living.
What if I am unable to work?
Employees who are unable to work should also receive lost wages for the entire period of disability. The amount will be based upon 80% of their after-tax average weekly wage subject to a state-wide maximum. Average weekly wage is calculated using the highest 39 paid weeks out of the 52 weeks before the forklift accident at work in Michigan occurred. Overtime, discontinued fringe benefits, and even second jobs that cannot be performed should be included.
Employees who are unable to return to their jobs because of permanent restrictions might need vocational rehabilitation services to help transition to a new career. This could be in the form of a vocational counselor helping with job search activities or money paid for retraining and education.
What if the negligent pary
It is possible to file a separate third-party lawsuit against a negligent party who was not an employer or coworker. This usually occurs when several different companies are working on the same job site. A lawsuit can be filed against the negligent third-party for additional damages like pain and suffering. It is important to carefully examine all responsible parties who caused the forklift accident at work in Michigan.
Injured while on the job in Michigan? Contact our lawyers for a free consultation
To speak with an experienced attorney about your Michigan work injury claim, call us now, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years and can help you better understand Michigan work injury laws and explain what happens if you or a loved one has been hurt on the job. 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.
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.