Lawyer discusses Michigan law in regard to a construction accident including causes of action for an injury on the job site including workers’ compensation and third-party lawsuits.
Different occupations present unique challenges and risks. There are some jobs that are just more dangerous than others. Working in construction is one of those occupations that puts employees in potentially dangerous situations. It involves powerful machinery, heavy lifting, tools, climbing great heights, and exposure to traffic risks. These activities can result in a worker being hurt in a construction accident which is why Michigan workers’ comp law was created to protect workers hurt on-the-job and here are some things to know about.
Below we discuss some of the most common construction injuries that occur. We explain available workers’ compensation benefits and potential third-party lawsuits for a construction accident under Michigan law. Please remember that every case is different, so it is best to consult with an experienced attorney about individual circumstances.
How often do accidents occur in construction?
It is very common for an employee to suffer a construction accident. Statistics published by the Occupational Safety and Health Administration (OSHA) show about 20% (1,061) of worker fatalities in private industry in calendar year 2019 were in construction – accounting for one in five worker deaths for the year.
What are the main causes of accidents in construction?
OSHA lists the “fatal four” as the main causes of construction accidents: Falls, Struck-By, Caught-In/Between, and Electrocutions. These make up most worker fatalities in each calendar year. In addition, trench collapse, failure to use protective gear, and traffic accidents are other causes.
What types of injuries do employees suffer in construction?
A construction accident could result in a herniated disc, rotator cuff tear, ACL or meniscus tear, loss of vision, burn, electric shock, toxic exposure, amputation, traumatic brain injury, and death. Problems from repetitive motion include carpal tunnel syndrome, ulnar nerve entrapment, and epicondylitis.
According to Michigan law, what are the possible workers’ compensation benefits available after a construction accident?
Medical treatment should be covered. This includes ambulance runs, emergency room visits, hospitalization, medications, physical therapy, injections, durable medical equipment, attendant care, and surgery. Disabled employees should also get 80% of their after-tax average weekly wage to make up for any lost wages.
In accordance with Michigan law, family members are entitled to up to 500 weeks of lost wages if an employee dies in a construction accident. A funeral expense of $6,000 should also be paid regardless of available dependents.
How to make an accident report in construction?
According to Michigan workers’ comp law employees who are hurt in a construction accident must report it within 90 days and make a claim within 2 years to get workers’ compensation. Both can be done verbally, so asking a supervisor for benefits is enough. However, a written accident report is a good idea so there is no question that an incident occurred.
Can you file a lawsuit against the responsible party?
According to Michigan law, workers’ compensation is the exclusive remedy against the employer for any construction accident. Additional damages such as pain and suffering can be sought from a negligent third party. This could be a general or subcontractor. It could also be a driver, product manufacturer, or maintenance company.
How to prevent construction accidents?
A focus on training and safety are the keys to preventing construction accidents. MIOSHA offers business owners grant money for development and implementation of these types of programs. Employees can also file a complaint with MIOSHA regarding safety and health hazards.
Were you injured in a construction accident in Michigan? Contact our workers’ comp lawyers for a free consultation
If you were injured in a construction accident in Michigan and want to speak with an experienced attorney about your workers’ comp 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 workers’ comp law and explain what happens if you or a loved one has been hurt in a construction accident. 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) 201-9497 for a free consultation today.