Michigan’s Top Construction Accident Lawyers

Construction can be dangerous work. Unfortunately, complex employment arrangements and questions about negligence can make it difficult to get all the workers’ compensation benefits you deserve, including lost wages and coverage of your medical expenses. If you’ve been injured in a construction site accident, contact our team today for a free consultation.
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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 we pride ourselves on providing you with care, trust, and responsiveness.

Construction Accidents Are Common and Can Turn Your Life Upside Down

Construction sites are among the most dangerous places for American workers. According to the U.S. Bureau of Labor Statistics, each year, nearly 2 percent of construction workers will suffer an injury that forces them to miss work, and approximately 1 in 5 of all workplace fatalities are related to the construction industry.

Common serious construction site accidents include:

  • Slips, trips, and falls
  • Accidents involving tools
  • Falling objects
  • Electrocution

Being seriously injured on a construction site can put your life on hold, especially when your workers’ comp benefits are denied or your adjuster is playing games.

Injury and wrongful death cases on building sites are often very complex, and you may need help from an experienced Michigan construction accident lawyer to help you understand the legal structure and liability of the many different entities involved, including that of various contractors, sub-contractors, and the general contractor, as well as the many different insurance policies that will be involved.

Why You Need a Michigan Construction Accident Lawyer to Maximize Your Compensation

In most workplace injury situations in Michigan, an injured worker is unable to sue their immediate employer as long as they are receiving workers comp benefits. This is known as an “exclusive remedy.”

However, the “exclusive remedy” rule does not apply to third parties who caused your injuries. On a busy construction site, there are often many different individuals and organizations that owe you a duty of care other than your direct employer:

  • Site property owners
  • General contractors
  • Equipment manufacturers
  • Other subcontractors

If any of these parties’ negligence contributed to your construction accident, you may be able to pursue a personal injury claim for your injuries and pain and suffering against them, in addition to receiving workers’ compensation benefits from your direct employer.

However, proving negligence in these cases can be extremely difficult, and you can bet that the general contractor, site owner, and other potentially liable parties (and their insurance companies) will fight as hard as they can to avoid paying out benefits.

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Find out what your case is worth and don’t settle for less than you deserve

More Than 100 5-Star Reviews

“Alex, your firm and coworkers were all so kind and professional. I appreciate your due diligence and the results thereafter. I am truly satisfied and will always recommend this firm to others. You didn’t allow the corporate bullies to get away with stepping on the little guys. Thanks for everything.”
– Jaqueline Henderson, Detroit

Real Results for Michigan Workers and Their Families

Our attorneys fight hard to ensure that Michigan workers can support themselves and their loved ones after a workplace injury or illness.

$2M
A worker suffered paralysis after falling from a roof. Benefits had been disputed based on alleged employer premium fraud and statutory employment. This was the largest reported settlement in the State of Michigan that year for a workplace injury.
$1.6M
Largest workers’ compensation settlement in Michigan in 2021. Our attorneys secured this settlement for our client who suffered a serious traumatic brain injury as a result of a work-related slip and fall on ice.
$1.4M
Our lawyers obtained this recovery for a worker who was paralyzed in a workplace accident. The award recovered was the second largest reported amount in Michigan for that year for a workplace injury.
$1.1M
This workers’ compensation settlement helped an injured worker after the insurance company refused to pay for benefits and medical items.
$775K
This payout amount helped our client obtain medical treatment and vocational rehabilitation on his own terms, after the insurance company had been slow to approve medical treatment and disputed the need for surgery.
$577K
Our work injury attorneys secured this payout amount for our client whose workplace injury caused her to develop Chronic Regional Pain Syndrome (CRPS).

Michigan Construction Accident FAQs

Here, you can find answers to some common and important questions that our Michigan construction accident attorneys receive.

 


 

If I am injured in a construction accident, can I sue my employer?

The answer here is almost always no.

According to Michigan workers’ compensation laws, your only remedy against your direct employer is to receive workers’ compensation benefits. These benefits include compensation for lost wages, unlimited medical expenses, up to 56 hours per week of attendant care, and up to 2 years of vocational rehabilitation if you are unable to return to your original job but could be retrained to perform a different job. However, you will be unable to sue for any additional compensation, including any pain and suffering damages.

There are two rare exceptions:

  • If your direct employer doesn’t carry workers’ compensation insurance, you can sue them. However, given that the State of Michigan requires virtually every employer to carry this insurance with very few exceptions, this is extremely unlikely to apply in a construction accident case.
  • If you can prove that your direct employer intentionally injured you, rather than simply failing to take the appropriate action to protect your safety. This is known as an intentional tort, and it’s both extremely rare and very difficult to prove.

 

Can another subcontractor be held liable for my injury under Michigan law?

Yes. General negligence principles pertain to a claim against another subcontractor who can be held liable to an injured worker if an independent legal duty can be established under common law negligence principles.

(Loweki v Ann Arbor Ceiling & Partition Co., LLC, June 6, 2011)

 


 

Can an owner or general contractor be held liable for my injury under Michigan law if I am a subcontractor?

Yes.

A subcontractor injured on a building site may contact a Michigan construction accident lawyer to bring a lawsuit against a project owner or a general contractor if he or she is able to establish the following:

  • The defendant, either the property owner or general contractor, failed to take reasonable steps within its supervisory or coordinating authority
  • To guard against readily observable and avoidable danger
  • That created a high degree of risk to a significant number of workmen
  • In a common work area.

(Ormsby v Capital Welding, Inc., 2004)

But, for the project owner to be liable, you must prove that the owner “retained control” of the project and that the mere right to control an independent contractor’s work is insufficient to establish the “retained control” theory against the owner. (Candelari v BC General Contractors, Inc., 1999).

 


 

What kind of evidence do I need to prove the negligence of an owner or general contractor?

Because the legal proofs are very specific under Michigan law to finding legal liability for injuries or deaths against a general contractor and an owner of a project, a Michigan construction accident attorney must provide extensive and very specific legal discovery once a lawsuit is filed.

Making a Freedom of Information Act (FOIA) request for OSHA records should be done in every building site injury case. Lawyers should also request all contracts and certificates of liability insurance.

Most building site injuries involve post-incident reports and documentation, and many larger entities will also do a preventability analysis. While these reports may or may not be admissible at trial depending on the facts, to a Michigan construction accident lawyer they are discoverable.

Relevant personnel files, policy and procedural manuals should also be obtained and may also offer important evidence regarding responsibility and legal liability for the many different entities involved in larger building projects. Finally, equipment preservation, documentation of “other similar incidents,” and depositions of key witnesses will be critical.

Hiring a construction accident attorney as soon as possible after your accident can help ensure that this critical evidence is protected and collected.

 


 

Can I file a personal injury lawsuit at the same time that I’m receiving workers’ compensation benefits?

Yes. If the negligent part you are suing is not your direct employer, you can receive workers’ compensation from your direct employer and also pursue excess economic damages or pain and suffering damages against another subcontractor, general contractor, owner, or other potentially negligent party.

 


 

How much does a construction accident attorney cost?

You will never pay anything out of pocket for your legal services when you hire an attorney with Michigan Workers Comp Lawyers. Initial consultations are always free, and if we don’t win you additional benefits via a settlement or personal injury case you owe us nothing. If we do win you additional benefits, our fee is deducted from the settlement or jury verdict.

According to Michigan law, the percentage fees that workers’ comp attorneys can charge are strictly limited. You can read a more detailed breakdown here.

 


 

When should I seek legal advice from a construction accident lawyer?

The best time to contact a construction accident lawyer is always as soon as possible after your accident.

Again, these types of cases can be extremely complex. An experienced attorney can help ensure that you get the full amount of workers’ compensation benefits that are owed to you and protect you against unfair denials from the insurance company.

Your lawyer can also tell you whether you may have a liability case against any other negligent parties besides your employer—and if so, help you begin the process of gathering and organizing evidence to prove your case.

Many individuals who are severely injured in construction site accidents never receive the full amount of compensation they deserve and are entitled to under the law.

Injured? Get the Help You Deserve

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? Get the Help You Deserve

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.