Some Michigan workers face a higher risk of work-related injuries, but these injuries’ effects are the same no matter your job. A severe injury could keep you from working for weeks or months, and that’s only the beginning of the financial toll. Medical bills can quickly drain your finances, and the stress from your injuries can hamper your quality of life.
The Menominee, MI, work injury lawyers at Schwaba Law Firm know what you’re going through and want to help. With over a decade of legal experience and millions recovered for our clients, you can trust us to defend your rights and simplify the legal process. Our exclusive focus on personal injury and workers’ comp claims gives us in-depth knowledge we can use in your case. We don’t want to add to your financial stress, so you don’t owe us any fees unless we win compensation for you. Call now or complete our contact form for a free case evaluation.
Common Workplace Accidents and Injuries in Michigan
Some common causes of work-related injuries and accidents in Michigan include:
- Slips, trips, and falls
- Construction site accidents (falls from scaffolds, equipment malfunctions, electric shocks, etc.)
- Machinery-related injuries (workers caught in or struck against machinery, etc.)
- Exposure to toxic chemicals
- Repetitive motion/strain injuries
Understanding Workplace Injury Laws in Michigan
Our Michigan workplace injury lawyers can explain the state’s laws and your rights in more detail, but here are the key facts to know:
Workers’ Compensation in Michigan
The Michigan Workers’ Disability Compensation Act says all public and most private employers with three or more workers must carry workers’ compensation insurance for their workforce. It doesn’t matter how many hours you work, as full-time, part-time, and seasonal workers all qualify for benefits. Independent contractors, agricultural workers, and a few other groups don’t qualify for workers’ compensation benefits. If you are eligible for workers’ comp, the benefits apply from your first day on the job.
Your workers’ comp benefits in Michigan include:
- Medical benefits – Your employer covers the full cost of reasonable, necessary medical treatment for a work-related injury.
- Wage-replacement benefits – You might qualify for wage-loss benefits if you miss more than seven consecutive days of work. If your injury lasts more than seven days, you can receive wage-replacement benefits starting on your eighth missed day. You can receive retroactive wage-replacement benefits for your first week of missed work if your injury lasts more than 14 consecutive days. Wage-replacement benefits provide a portion of your lost wages within certain limits under state law.
- Vocational rehabilitation benefits – You can receive vocational rehabilitation benefits to help you learn new skills if your injuries prevent you from returning to your old job.
When Can You File a Personal Injury Lawsuit?
You typically can’t sue your employer for a workplace injury except in rare cases of employer misconduct. That’s the trade-off for employers providing no-fault workers’ comp benefits. However, you can sue others who may have caused your injuries.
For instance, suppose you sustain injuries from defective equipment. In this scenario, you might have a claim after the equipment manufacturer.
You must prove someone else caused your injuries to win a personal injury claim, but these claims can compensate you for losses that workers’ comp doesn’t cover. It’s always worth consulting an attorney to see if you have grounds for a personal injury lawsuit.
Employer Responsibilities Under Workplace Injury Laws
State and federal laws require Michigan employers to maintain a safe work environment. Sadly, research shows that workplace safety violations happen frequently. Common violations of workplace safety regulations include:
- Not providing proper eye and face protection.
- Not providing adequate protection for respiratory infections.
- Not properly training employees on avoiding falls.
- Violations of scaffolding safety rules, such as not providing appropriate safety equipment.
How a Workplace Accident Lawyer Can Help Injured Workers
Here are a few specific tasks we can handle to simplify your life and guard your rights:
Investigating Your Case and Gathering Evidence
An experienced workers’ compensation lawyer at our firm can examine your medical records, analyze photos from the scene, interview eyewitnesses, review surveillance footage, and collect other evidence to build a strong case.
Negotiating with Insurance Companies
The insurance companies might argue your injuries aren’t work-related or that you caused them. We can counter these tactics and review any settlement offers to make sure they’re fair.
Taking Your Case to Court If Necessary
We have extensive courtroom experience and aren’t afraid to defend your rights at trial. We can explain courtroom procedures, file motions, submit evidence, and develop a personalized strategy to counter the other side’s arguments.
Compensation Available for Workplace Injuries in Michigan
Third-party claims for workplace injuries can compensate you for losses that workers’ comp doesn’t include, such as:
- The full amount of your lost income
- Pain and suffering
- Emotional distress
- Damaged personal property
Frequently Asked Questions
If you have questions about workplace injuries in Michigan, you might find the answers here:
What should I do after a workplace accident in Michigan?
See a doctor right away, then report the injury to your employer. Save your medical records and receipts for later reference. Finally, call a work injury attorney as soon as possible.
Can I sue my employer for a workplace injury?
No, usually. You might be able to sue your employer if you can prove they broke workplace safety laws. Contact a lawyer so they can review your situation and explain your legal options.
How long do I have to file a workplace injury claim in Michigan?
You must report a workplace injury to your employer within 90 days and submit a workers’ comp claim within two years. The statute of limitations for personal injury lawsuits allows an injured person three years from the date of the accident to file a lawsuit against the party that harmed them.
What if my workers’ compensation claim is denied?
Michigan has a process to appeal denied workers’ comp claims. A lawyer can guide you through this process, gather evidence to support your appeal, and represent you in any hearings.
How much does it cost to hire a workplace accident lawyer?
Our Michigan work injury lawyers work on a contingency basis. You don’t owe us any fees unless you recover compensation. We also offer free consultations for prospective clients.
Contact a Michigan Workplace Accident Lawyer Today
Trust Schwaba Law Firm to enforce your rights and simplify the legal process after a workplace injury. Call now or complete our contact form for a free consultation.
