Michigan work injury attorney explains how workers compensation is your exclusive remedy when you get hurt at work.
I recently received a telephone call from an individual who had suffered a severe injury to his foot from a lawn mower accident. It turns out that his employer had modified the lawn mower so it would not automatically shut off. This was done to speed up the job and was very unsafe.
This call reminded me of another client who settled his workers compensation case. This man suffered a hand injury from a machine that was missing a safety guard. His employer had removed the safety guard to speed up production.
It was obvious that both of these individuals deserved workers compensation benefits. The issue became whether they could collect additional damages from their employers for negligence.
Michigan Workers Compensation
Workers compensation pays benefits to individuals who are hurt in the course and scope of employment. It does not matter how a person was injured or who is to blame. Guaranteed benefits include lost wages and unlimited medical treatment.
In exchange for these workers compensation benefits, employers get protection from civil lawsuits. This means that a person cannot sue for pain and suffering or any other damages.
Workers compensation is the exclusive remedy against an employer for personal injury or occupational disease. It is not a perfect system and can sometimes be unfair.
The only exception to the exclusive remedy is a claim based upon an intentional tort. This is when an employee alleges that an employer intended an injury.
It is very difficult to prove an intentional tort because it is not enough to show that an employer had knowledge of a dangerous condition. It must be shown that an employer intended to cause injury.
When an employer continuously subjects an employee to a dangerous condition that it knows will cause injury, yet refrains from telling the employee about the dangerous condition, this could be sufficient to prove an intentional tort.
Workers Compensation Lawyers in Michigan
It is important to speak with an experienced workers compensation attorney to make sure you are receiving the correct workers compensation benefits. You will also be told if you can make a claim for an intentional tort. Every case is different and your situation needs to be evaluated on its own set of facts.
Call (855) 221-2667 to speak with an experienced workers compensation attorney in Michigan. We offer free telephone advice and office consultations. You never pay an attorney fee unless you recover benefits.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to review a case.
– Photo courtesy of Creative Commons, 20after4.