Slip And Fall At Work In Michigan: Lawsuit FAQs
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If you were injured in a slip and fall at work in Michigan, you can file a workers’ comp claim against your employer to get your medical bills paid and to be compensated for your lost wages. However, you will generally be unable to sue your employer to be compensated for your pain and suffering as a result of your injuries.
Most other states have an “exclusive remedies” provision in their Workers’ Comp law which provides that an injured employee’s “exclusive” legal remedy against his or her employer is a workers’ comp claim which covers only medical expenses and lost wages.
However, Michigan has several exceptions to the “exclusive remedies” rule which allow an employee who is injured in a slip and fall at work to file a lawsuit for pain and suffering compensation.
The exceptions to the “exclusive remedies” provision include:
- Your injuries are caused by a third-party other than your employer or a co-worker
- You are not an “employee” and thus the Workers’ Comp does not apply to you
- Your employer did not have the legally required Workers’ Comp insurance
- Your injuries were the result of an intentional act by your employer
For a slip and fall at work in Michigan, a skilled lawyer can not only help you with your workers’ comp claim, but can also assess whether you have a pain and suffering lawsuit that can be brought under one of the exceptions to the “exclusive remedies” rule. Depending on the circumstances, you might be able to sue your employer or a third party for your injuries, including pain and suffering. And if you lost a loved one, you may have a wrongful death claim.
If you are injured in this type of accident and you are looking for legal help, let attorney Tim Holland and his talented team of attorneys who have a track record of winning million-dollar settlements and trial verdicts, help you with your case. One of the secrets to their success is that they specialize exclusively in these types of premises liability claims and intentionally take fewer cases than other firms so that they can give you the time and attention you deserve.
What happens if I slip and fall at work in Michigan?
If you slip and fall at work in Michigan you typically cannot file a lawsuit against your employer, but instead you must file a workers’ compensation claim because that is your exclusive remedy under state law.
However, this restriction may not apply if any of the following conditions apply:
- Your injuries were caused by a negligent third-party – In Michigan, when a third-party other than your employer or a co-worker is responsible for negligently creating slip and fall hazards at work, you may be able to file a lawsuit against the third-party for pain and suffering compensation. Generally, a Workers’ Comp “exclusive remedy” provision will not bar this type of claim. (MCL 418.827(1) and (5))
- You were an independent contractor, not an employee – The Workers’ Comp laws, including “exclusive remedy” provisions, only apply to workers who qualify as “employees” of an employer. If a person is injured in a slip and fall at work in Michigan, and they are an independent contractor, rather than an employee, then he or she is not covered by the Workers’ Comp laws and – very importantly – he or she is not bound by an “exclusive remedy” provision, meaning the worker can file a lawsuit against his or her employer for pain and suffering compensation. Most states consider multiple factors in determining whether a worker qualifies as an “employee” and, thus, is subject to a state’s Workers’ Compensation laws, but one of the key factors in making that determination is whether a worker’s employer is required to withhold federal income tax from the worker’s paychecks. (MCL 418.161(1)(n))
- Your employer did NOT have Workers’ Compensation insurance as he or she was required to by law – Most states, including Michigan (MCL 418.611), require employers to maintain valid Workers’ Compensation insurance to cover injured workers’ medical expenses and lost wages in the event of a workplace accident. Similarly, most states also provide that employees who are injured on-the-job while working for an employer who does not have Workers’ Comp insurance can sue their employer for pain and suffering compensation and that the state’s “exclusive remedy” provision does not limit them to only filing a Workers’ Comp claim.
- Your employer intentionally caused you to suffer an injury – In Michigan, when a slip and fall at work injury is the result of an “intentional tort” by the employer, the limitations of the Workers’ Comp law’s “exclusive remedy” provision do not apply and the injured worker can file a lawsuit against the employer for pain and suffering compensation as well as medical expenses and lost wages. (MCL 418.131(1)) The law does not provide an exhaustive list of examples of what constitutes an “intentional tort,” but the law does state that an “intentional tort shall exist only when an employee is injured as a result of a deliberate act of the employer and the employer specifically intended an injury.” The law also states that “[a]n employer shall be deemed to have intended to injure [the worker] if the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge.”
If you are injured on the job, you are entitled to the following under our state’s Workers’ Compensation law:
- Medical bills – Your medical bills are generally covered at 100% with no co-pays or deductibles, including ambulance runs, emergency room visits, testing, hospital stays, surgery, doctor appointments, medication, and physical therapy. (MCL 418.315(1))
- Lost wages – If you cannot perform your job, you are also entitled to weekly workers’ comp lost wages checks equal to 80% of your after-tax average weekly pay, which is calculated using the highest 39 paid weeks out of the 52 weeks prior to the accident. (MCL 418.301(1)) Your employer should also factor in overtime, discontinued fringe benefits, and even second jobs.
What to do after a slip and fall at work in Michigan
- Seek medical attention right away
- Report the injury to your employer
- File your workers’ comp claim
- Keep detailed records
- Consult with an experienced attorney
Seek medical attention right away
The sooner you seek medical treatment the sooner you can get on the road to recovery. You should always listen to your doctor’s orders, get recommended testing done, and attend all follow-up and specialist appointments.
Report the injury to your employer
Under Michigan law, if you are injured in a slip and fall at work, you must notify your employer within 90 days of the accident. (MCL 418.381(1)) Ideally, you want to report your injury, in writing, as soon as possible.
File your workers’ comp claim
Typically, your employer will provide you with a form to file your workers’ comp claim, but you can also file it directly with the Workers’ Compensation Agency (WCA). You must file your claim within 2 years of the accident. (MCL 418.381(1)).
Keep detailed records
Not only of your injuries and medical treatment, but also of any lost wages and any correspondence with the workers’ comp carrier and employer. This information will be helpful to your claim.
Consult with an experienced attorney
If you experience issues with your claim, an experienced workers’ comp lawyer can help you get the compensation you’re entitled to. Also keep in mind that an employer may not retaliate against you for filing your claim.
What happens if I have a slip and fall when I’m not at work in Michigan?
If you are injured in a slip and fall that did not happen while at work, workers’ comp does not apply and you may be able to file a premises liability lawsuit against the responsible property owner for your pain and suffering and economic damages including medical bills and lost wages. An experienced lawyer who specializes exclusively in this area of law can investigate your claim, assess your injuries, determine liability, file your claim, and negotiate a full and fair settlement.
Can I file a lawsuit if I slip and fall at work in Michigan?
In Michigan, if you slip and fall at work, you generally can’t file a lawsuit against your employer for pain and suffering. Instead, workers’ compensation is typically the exclusive remedy for workplace injuries which can cover medical expenses and lost wages.
If your slip and fall at work case meets one of the exceptions to the “exclusive remedies” provision of the Michigan Workers’ Compensation Act (which are discussed above), then you may be able to file a lawsuit to be compensated for your pain and suffering.
What possible claim could an injured victim have?
Workers’ Comp Claim
A workers’ comp claim is a claim made by an employee who is injured in the course of his or her employment. In this type of claim, the employee can recover medical costs and 80% of his or her after-tax average weekly pay.
A workers’ compensation wrongful death claim is appropriate when an employee dies from a job-related injury or illness. In this type of action, surviving family members may be entitled to benefits to cover lost financial support in the form of lost wages, medical expenses and funeral and burial costs. (MCL 418.301(1); 418.321; 418.345)
Wrongful Death Claim
If a third party caused the worker’s death after a slip and fall at work in Michigan, surviving family members may be able to file a civil wrongful death lawsuit. Surviving family members may file both a wrongful death claim and a workers’ comp wrongful death claim, but the amount of workers’ comp benefits recovered may impact the compensation awarded in the civil case.
Slip and Fall Claim
Employees who are injured at work in Michigan due to this type of accident because of a third party’s negligence can file a slip and fall lawsuit against the third party for pain and suffering, medical costs, lost wages, and more. To win this type of claim, you must show that: (1) the third party owed you a duty of care, (2) the third party breached that duty; (3) this breach caused your injuries; and (4) you suffered damages.
Premises Liability Claim
In Michigan, a slip and fall at work claim is a type of premises liability lawsuit claim, but premises liability encompasses other types of injuries as well, including dog bites, inadequate security, swimming pool accidents, falling objects, and elevator malfunctions.
Injured in a slip and fall at work in Michigan and wondering if you can file a lawsuit? Call our attorneys now for a free consultation!
If you were injured in a slip and fall accident at work in Michigan and are wondering if you can file a lawsuit, call now to speak with an experienced lawyer near you. Our attorneys have a proven track record of securing top settlements for victims, they’ll give you the peace of mind you deserve while getting you the compensation needed to help rebuild your life.
We pride ourselves on offering every client personalized care, compassion and respect. Clear communication is a cornerstone of our practice, and we promise to always be available for you. You can count on us to return your calls, respond to your emails, and answer any questions you may have.
To speak with an experienced attorney about your case, call us today or fill out our contact form for a free, no-obligation consultation. We’ll guide you through the laws and help you understand your options. There’s absolutely no cost or obligation. We’re here to support you every step of the way.
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You do not have to go it alone after your slip and fall accident. Let the experience attorney Tim Holland and the lawyers at Michigan Slip and fall have on slip and fall cases along with their track record of getting the highest settlement amounts possible for their victims give you peace of mind, while they help to pick you back up and get you the compensation that you need and deserve to start rebuilding your life.
We pride ourselves on treating every client with care, compassion, and respect. We pride ourselves on communication and we will always be there when you need us. We will ALWAYS return your calls and emails and answer your questions.
To speak with an experienced slip and fall accident attorney about your injury, call us now, or fill out our contact form for a free consultation.
We will help you understand Michigan’s slip and fall law and answer all of your questions about how we can make the law work for you. There is absolutely no cost or obligation. We’re here for you now.
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