Protecting the Rights of Injured Construction Workers

Construction workers build Michigan's future, but the job comes with significant risks. Falls, equipment accidents, electrocutions, and struck-by incidents cause thousands of serious injuries and fatalities each year. At Logeman & Iafrate, P.C., our construction accident attorneys help injured workers and their families secure full compensation.

Workers' Compensation Benefits

Most Michigan construction workers are covered by workers' compensation insurance, which provides benefits regardless of fault:

  • Medical treatment coverage
  • Wage loss benefits (typically 80% of after-tax average weekly wage)
  • Vocational rehabilitation
  • Specific loss benefits for amputations or permanent impairments

You must report your injury within 90 days and file your claim within 2 years. Workers' compensation is typically your exclusive remedy against your employer—but third-party claims may provide additional compensation.

Third-Party Liability Claims

When someone other than your employer causes your construction injury, you may file a personal injury lawsuit for full damages, including pain and suffering. Potentially liable third parties include:

  • General contractors (for common work area hazards)
  • Subcontractors
  • Property owners
  • Equipment manufacturers (for defective tools or machinery)
  • Architects and engineers

These third-party claims allow recovery of damages that workers' compensation doesn't cover, including pain and suffering, full wage loss, and other non-economic damages.

What benefits can I receive after a construction site injury in Michigan?

Most construction workers are entitled to workers' compensation benefits regardless of fault, including medical treatment coverage, wage loss benefits (typically 80% of your after-tax average weekly wage), vocational rehabilitation, and specific loss benefits for amputations or permanent impairments. Additionally, if a third party (not your employer) caused your injury, you may pursue a separate personal injury claim for full damages including pain and suffering.

Can I sue someone other than my employer after a construction accident?

Yes. While workers' compensation is typically your exclusive remedy against your direct employer, you can file third-party liability claims against general contractors, subcontractors, property owners, equipment manufacturers, or architects and engineers whose negligence caused your injury. These claims allow recovery of damages workers' compensation doesn't cover, including pain and suffering and full wage loss.

What is the "common work area" doctrine in Michigan construction accidents?

Under Michigan law, a general contractor may be liable for injuries occurring in common work areas shared by multiple trades—even if they didn't directly employ the injured worker. This doctrine creates an important avenue for recovery beyond workers' compensation when inadequate safety measures in shared areas cause injuries.

What deadlines apply to Michigan construction accident claims?

You must report your injury to your employer within 90 days and file your workers' compensation claim within 2 years. For third-party personal injury claims, the statute of limitations is generally three years. However, product liability claims against equipment manufacturers may have different deadlines. Consulting an attorney promptly ensures you preserve all potential claims.

What evidence should I gather after a construction site accident?

Document the accident scene with photos and video, including any safety hazards, defective equipment, or missing safety devices. Report the incident to your supervisor immediately and obtain copies of accident reports. Collect contact information from witnesses and keep records of all medical treatment. Preserve any defective equipment if possible. An experienced attorney can help investigate and preserve additional evidence.