The Lee Steinberg Law Firm and 1-800-LEE-FREE have been successfully handling Detroit and Michigan construction accident cases for over 40 years. We have a team of experienced Michigan construction accident lawyers dedicated to helping injured workers and innocent bystanders get the compensation they deserve.
You pay nothing until we settle your Michigan construction accident case. Let our team of Michigan construction accident attorneys help you.
What is Michigan Construction Accident Law?
Federal and state law provides strict safety guidelines that employers, general contractors and subcontractors must follow. When a company fails to follow these guidelines, accidents can occur on the job site. The injured worker is entitled to compensation for their injuries.
These come in different forms.
Workers’ compensation is provided by your own employer if you are injured within the course and scope of your employment. The insurance company will pay medical bills related to the construction accident, and a certain amount of lost wages. Workers’ compensation does not include pain and suffering.
There are certain rules about filing a workmen’s compensation claim. Therefore, it’s important to contact a Michigan worker’s compensation lawyer after a work place injury.
If an employee or worker that does not work with your same employer causes the injury, and you can prove negligence, then you can file a personal injury case against that person’s employer. Personal injury cases can include compensation for past and future pain and suffering, outstanding medical bills, future medical care, lost wages, loss of earning capacity and other items.
If a loved one or family member is fatally injured in a construction accident, then the family can file a wrongful death claim against the at-fault party so long as it’s not the deceased’s employer. Wrongful death cases are complicated. An estate must be set up with a named personal representative.
Our Detroit wrongful death lawyers can help set this up. We also leave no stone unturned and thoroughly investigate and find out what the company did wrong to produce such a tragic result. Wrongful death compensation includes not only pain and suffering of the decedent, but payouts for loss of society and companionship.
Who is Responsible for a Construction Site Accident?
There are different defendants and third parties who may be responsible for a construction site accident. The key is you must prove the other worker or work crew violated a safety rule or acted unreasonably dangerous.
General contractors can be held responsible for not keeping and maintaining a safe work environment. However, the standard for liability against general contractors is high. To file a successful lawsuit against the general contractor, an injured worker has to provide a few differing things. This is known as the “common work area doctrine.”
In general, the injured worker must show the general contractor failed to take reasonable steps with “its supervisory and coordinating authority,” to guard against readily observative and avoidable dangers, that created a high degree of risk to a significant number of workmen in a common work area.
If the injured person fails to provide even one of these elements, then the lawsuit against the general contractor fails.
Claims against the property owner are similar to lawsuits against the general contractor. The threshold for liability against the property owner is high. And the same things you have to show to prove liability against a general contractor are the same for property owners.
Sub-Contractors and Their Employers:
Employees who work for other sub-contractors can be held liable for the injuries they cause. Just like everyone else, a sub contractor had a duty to other workers at the construction site to not act unreasonably dangerous. If a sub contractor does, and injury results, then the sub-contractor and the company he or she works for can be held responsible.
You cannot sue a fellow co-worker for pain and suffering. This is true even if they were completely negligent and at-fault for causing your injuries. This is because these types of claims fall under worker’s compensation, and an injured worker cannot sue his employer or co-worker for pain and suffering under Michigan law.
What are Common Construction Accident Injuries?
The injuries that occur on a construction site vary immensely. Because workers are using large equipment, even a small mistake can cause a horrible injury.
Some of the most common injuries include the following:
- Broken bones;
- Back injury and neck injury;
- Traumatic brain injury or closed head injury;
- Spinal cord injuries;
- Injuries to the hands and feet
What Construction Site Accidents Usually Result in Death?
According to the U.S. Bureau of Labor Statistics, there were 131 fatal work injuries in 2020. Nationwide, there was a total of 4,764 fatal work injuries, which was an 11% decrease from the year before. This was most likely Covid-19 shutdown related.
The most common cause of deaths on a construction job site include:
- Being struck by an object or crush injuries
- Entanglement or getting caught between two objects.
What are Common Causes of Construction Accident Injuries?
There are a lot of different ways construction accidents occur.
Some of the most common are:
- Getting hit by machinery, such as a forklift
- Failing to secure or repair scaffolding or scaffolds
- Slip and falls
- Falling objects
- Getting stuck between objects
- Getting hit by a vehicle or equipment on a highway construction site
- Machine malfunction
- Defective equipment
- Defective ladder
- OHSA violations
- Safety code violations
These are just some of the ways a person can be injured on a construction site. The Occupational Health and Safety Administration (OSHA) establishes guidelines and rules that companies must follow to prevent worker injury. In addition to the federal guidelines, Michigan has its own guidelines known as MIOSHA.
The mission of MIOSHA is to protect the safety and health of Michigan workers. This includes setting and enforcing occupational safety standards, providing safety training and developing programs to prevent workplace dangers and injuries.
How Long Do I Have to File A Lawsuit?
Under Michigan law, a person has three (3) years from the date of the incident to file a lawsuit against the proper defendants. This is called the statute of limitations. This amount of time can differ depending on the age of the plaintiff as well as the type of defendant. Some defendants, like municipalities, have a shorter statute of limitations or a notice provision.
Some plaintiffs, such as minors, can get longer than 3 years to file a lawsuit.
That is why it is important to contact a Detroit personal injury lawyer to find out your rights. Whether the incident took place in Detroit, Warren, Flint, Saginaw, Grand Rapids, Traverse City of anywhere in between, our Michigan construction accident law firm is ready fight and win your case.
Why Hire a Construction Accident Lawyer?
The companies that take on construction projects are usually well funded and have a team of attorneys on their side if disaster strikes. You need a team of aggressive Michigan accident lawyers on your side to protect your rights.
Let us take care of you. We will do all the hard work to find out why you were injured and ensure the responsible properties are held accountable. We also specialize in showing the insurance companies, judges and juries why the injuries, harms and losses you sustained deserve appropriate money compensation.
Call us toll free today at 1-800-LEE-FREE (1-800-533-3733). The initial consultation is free and you never pay us anything until we win your case. Let our team of Michigan construction accident attorneys help you.