Construction Accident Lawyer In Michigan
Being injured on a building site can turn your life upside down, especially when your workers comp benefits are denied or your adjuster is playing games — yet you cannot return to work due to your serious injuries. An experienced construction accident lawyer in Michigan can help.
Most injuries on building sites in cities like Detroit and Grand Rapids are caused by the negligence of sub-contractors and their employees, because it is primarily sub-contract employees that perform much of the hands-on work. Our most common types of cases as experienced workers’ comp lawyers tend to involve a sub-contractor employee who is seriously injured. When this happens, the typical “exclusive remedy” of Michigan’s Workers’ Compensation laws do not apply. This allows our lawyers to typically bring a lawsuit for injuries and pain and suffering damages against the general contractor, owner and other subcontractors. Under Michigan law, each of these entities owes various legal duties to the injured worker. There may be additional liability or indemnification by other entities involved in the building project.
Injury and death cases on building sites are usually very complex, and you may need help from an experienced construction accident lawyer in Michigan 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.
When an injury occurs on the building site it involves an employee in the course and scope of his employment with his employer, the injured worker’s sole remedy against his or her immediate employer is by filing a Workers’ Compensation claim. The “exclusive remedy” of Michigan Workers’ Compensation law will apply in this situation.
Therefore, to bring a successful cause of action sounding in negligence, the construction accident lawyer in Michigan must look to the general contractor, owner of a project and/or other sub-contractors involved if he or she is to obtain full and fair compensation for a fall or other injury that occurs.
SUBCONTRACTOR LIABILITY IN LAWSUITS UNDER MICHIGAN LAW
General negligence principals 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 principals. Loweki v Ann Arbor Ceiling & Partition Co., LLC, 489 Mich 157 (2011, 809 NW 2nd 553) June 6, 2011.
OWNER AND/OR GENERAL CONTRACTOR LIABILITY UNDER MICHIGAN LAW
A subcontractor injured on a building site may contact a construction accident lawyer in Michigan 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., 471 Mich 45, 684 NW 2nd 320 (2004).
Moreover, for the project owner to be liable, the Plaintiff 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., 236 Mich App 67, 600 NW2nd 348 (1999).
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 construction accident lawyer in Michigan must provide extensive and very specific legal discovery once a lawsuit is filed.
Making a 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 construction accident lawyer in Michigan 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.
Need a Construction Accident Lawyer in Michigan?
For help from a construction accident lawyer in Michigan today, call (855) 221-2667, or fill out our consultation form. There’s no cost or obligation, and we can answer all of your questions regarding your injury and Michigan law.