Workplace Safety and Your Rights in Michigan
Twenty-five years ago, my aunt wrote a book about building an on-site corporate health and rehabilitation program. Helping people recover from workplace injuries was one of her life’s passions, and so was teaching safety so those injuries never happen. Her view was simple: most workplace injuries are preventable, and when they aren’t, people deserve real support. This is where Dierwa Law can help.
The Workers’ Comp Trade-Off
In Michigan, if you’re hurt on the job, workers’ compensation provides medical care and partial wage replacement without requiring you to prove fault. In exchange, it’s generally your exclusive remedy against your employer (MCL 418.131). You can’t sue your employer for negligence, with only a narrow exception for intentional torts.
But comp has limits. Wage benefits are only partial, and there’s nothing for pain and suffering. For a serious or permanent injury, the benefits can fall far short.
The Most Important Question: Who Else Was Responsible?
The exclusive remedy rule protects your employer, not everyone else. Michigan law (MCL 418.827) preserves your right to sue a negligent third party, even while you collect comp. Common examples include:
Manufacturers of defective equipment or safety gear
Property owners who ignored a known hazard
Other contractors on a shared job site
Negligent drivers
Companies hired to inspect or repair equipment
A few practical points are worth knowing:
You can pursue negligence and comp claims at once. Collecting comp doesn’t bar a third-party claim.
Your comp carrier will likely have a lien. If you recover from a third party, the insurer that paid your comp benefits typically has a right to be reimbursed from that recovery. How the money is divided can be complicated, which is one reason this is worth professional guidance.
Deadlines are short. For comp, you generally need to notify your employer within 90 days and file a claim within two years. Third-party negligence suits have their own limitations period, generally three years for personal injury (with exceptions for government agencies). Different claims run on different clocks, and waiting can cost you your rights.
Evidence disappears. Machines get repaired or discarded, job sites change, and witnesses move on. If you suspect someone other than your employer contributed to your injury, preserve photos, incident reports, and equipment details early.
What Can You Do?
My aunt’s work focused on ergonomic evaluation, early intervention, safe return-to-work planning, and a culture where reporting hazards are welcomed. While those ideas matter as much today as they did when she wrote them, if you’re already injured, it’s too late. Dierwa Law understands that no lawsuit or benefit check restores what a serious injury takes away from you, but we are here to help you get back on your feet and get you a recovery you deserve.
If you’ve been injured at work in Michigan, file your comp claim promptly and get the medical care you need. Consult with an attorney who handles workers’ compensation claims, then ask the question that matters most: was anyone besides my employer responsible? Contact Dierwa Law to find out.
This post is general information about Michigan law, not legal advice. Every situation is different, and laws and deadlines change. Consult Dierwa Law for a free consultation, to evaluate your specific circumstances.