What are your legal rights if a family member was injured or killed while working on a construction site?
We represent individuals who are hurt in Michigan construction accidents. It is common to see them suffering from injuries sustained by falling off a ladder or scaffolding, suffering an electric shock, or getting struck by some item. Exposure to traffic risks and heavy machinery also presents extreme danger. Here is some information about legal rights after a workplace accident.
Michigan construction accident statistics
Statistics published by the U.S. Bureau of Labor Statistics show that in 2022 construction accidents in Michigan had the highest number of fatalities with 28 among any other job sector. Falls, slips, or trips accounted for 15 of the 18 fatalities.
National statistics
Statistics published by the Occupational Safety and Health Administration (OSHA) show that nationally 1,056 fatal work injuries in construction during calendar year 2022. This was the second most fatalities for any occupation compared to other groups. Falls, slips, or trips were the events precipitating 423 of these fatalities.
Common construction accidents in Michigan
Our experience shows that the common Michigan construction accidents follow OSHA’s “Fatal Four” list which includes falls, being struck by an object, electrocutions and being caught- or between. It is noted that many injuries and deaths are preventable through additional safety measures.
Common construction injuries
- Herniated disc
- Rotator cuff tear
- ACL or meniscus tear
- Loss of vision
- Burn
- Electric shock
- Loss of finger
- Toxic exposure
- Amputation
- Traumatic brain injury
- Carpal tunnel syndrome
- Ulnar nerve entrapment
- Lateral epicondylitis
Can injured construction workers sue for injuries in Michigan?
In Michigan, workers hurt in a Michigan construction accident are generally limited to workers’ comp benefits. This includes medical treatment, lost wages, and vocational rehabilitation. Fault does not matter provided it occurred in the course of employment. Employees can also sue a third-party if they were negligent.
All medical treatment should be covered under workers’ comp. This includes ambulance runs, emergency room visits, hospital stays, doctor appointments, physical therapy, injections, and surgery. There should never be any copayments or deductibles owed by the employee.
Wage loss benefits equal 80% of an employee’s after-tax average weekly wage should also be paid. This is calculated using the highest 39 paid weeks out of the 52 weeks before the accident occurred. Overtime and discontinued fringe benefits should be included in the amount.
Employees who find themselves the victim of a third-party’s negligence can also sue for pain and suffering damages. This lawsuit is not against the employer but another person or entity who caused the harm. Money recovered in this lawsuit will be subject to a lien based upon the amount of money paid under workers’ comp.
What to do if injured on a construction site
According to Michigan workers’ comp law employees who are injured while working on a construction site 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 sue if a loved one dies in a construction accident in Michigan?
Family members get up to 500 weeks of lost wages if a loved one is killed in a Michigan construction accident. Children under the age of 16 are presumed dependent and entitled to full payment. Spouses must prove factual dependency and the amount paid can be reduced if they received support from some other source.
Family members can also file a wrongful death lawsuit if a third-party was negligent which resulted in the death of a loved one on a construction site. Damages include pain and suffering. Workers’ comp will have a potential lien on any money recovered.
Injured while on the job? Contact our lawyers for a free consultation
If you were injured in a construction accident while on the job in Michigan, call now to speak with an experienced workers’ comp lawyer, 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 the state for more than 40 years. Our attorneys can help you better understand workers’ comp laws and what happens after someone 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 40 years. Call (844) 316-8033 for a free consultation today.
Related information:
Michigan Workers’ Comp Settlement and Retirement: What You Need To Know