Can I Sue My Employer After A Work Injury?
Under Michigan law, injured workers are generally limited to recovering workers’ compensation benefits, which leaves their employers immune from lawsuits. However, there are certain exceptions under the law. A worker may sue an employer for civil damages if:
- The employer acted with the intention to injure the worker
- The employer does not carry workers’ compensation insurance as intended by law
- The employer retaliates against a worker for reporting a workplace injury or bringing a workers’ comp claim
- The employer discriminates against the worker in violation of state and federal anti-discrimination laws, such as the Americans With Disabilities Act, Family And Medical Leave Act and Civil Rights Act
Suing A Third Party
Sometimes, a third party other than an employer contributes to an employee’s workplace injury. When this happens, it may be possible to bring an injury lawsuit – even if you are collecting workers’ compensation benefits. Examples of third parties to a work injury may include:
- Property owners
- Other motorists who cause accidents
- Contractors and subcontractors
- Manufacturers of defective products
- Outside maintenance and installation companies
- Mechanics who fail to properly maintain vehicles used on the job
- Medical providers
These third parties are not immune from liability under Michigan’s workers’ compensation laws. In some circumstances, it may be worthwhile to collect workers’ comp benefits while also pursuing a civil claim against a responsible third party – but it is important to work with an attorney experienced in both personal injury and workers’ compensation laws.
Learn More In A Free Consultation
At Adler Firm, PLLC, our attorneys have decades of experience in workers’ compensation, personal injury, and claims that involve both areas of law. We have helped many workers recover full and fair compensation from their workers’ compensation coverage and appropriate lawsuits against responsible parties.
During your free initial consultation, we will take the time to answer your questions about your claim and begin developing a plan to get you the compensation you need after a serious injury disrupts your life. To talk to a lawyer and begin protecting your rights, please call 888-873-7173 or contact us online.