A piece of scaffolding collapses on a construction site in downtown Detroit. A worker falls three stories. A crane's lifting cable snaps, and a steel beam crashes onto a bystander on the sidewalk below. A nail gun operator's tool malfunctions, driving a nail through a worker's foot into the floor.
Construction accidents are common in Detroit's growing cityscape. Many injured workers believe their only remedy is a workers' compensation claim—a limited remedy that bars them from suing their employer directly.
But construction accidents often involve more than just negligent employers. They involve negligent contractors, negligent property owners, negligent equipment manufacturers, and negligent safety inspectors. Against these other defendants, injured construction workers have the right to pursue full personal injury claims—not just workers' compensation.
The Workers' Compensation Limitation and the Third-Party Exception
Michigan workers' compensation law bars injured employees from suing their own employers in most cases. This "exclusive remedy" rule means workers' compensation benefits are typically the only recovery available from an employer.
However, the law explicitly recognizes that construction workers may be injured by the negligence of parties other than their own employer. These "third parties" can be sued directly. Third-party defendants in construction accidents include:
General Contractors
If you work for a subcontractor and are injured due to a general contractor's negligence—for example, failure to maintain a safe worksite or failure to enforce safety protocols—you can pursue a claim against the general contractor.
Property Owners
A property owner may be liable for negligence in maintaining the property, failing to warn of hazards, or breaching a duty to the construction workers on site.
Equipment Manufacturers
Defective tools or equipment can cause construction accidents. Equipment manufacturers can be held liable under product liability law if a defect in design, manufacture, or warning caused your injury.
Safety Inspectors and Consultants
Safety consultants hired to inspect the site or oversee safety measures may be liable if their negligence contributed to your injury.
Architects and Engineers
Architects and engineers who design construction projects have duties to ensure their designs do not create unsafe conditions. Negligent design decisions can lead to injuries.
Common Construction Accident Scenarios in Detroit
Fall from Height
Inadequate fall protection, defective safety equipment, or negligently maintained scaffolding can lead to falls. These cases often involve claims against the general contractor for failure to maintain safe working conditions and failure to enforce fall protection protocols.
Struck-By Incidents
Falling objects, swinging loads, and equipment strikes injure workers. These incidents can stem from negligent rigging practices, inadequate work zones, or failure to use proper warning procedures. Equipment manufacturers may also be liable if the equipment used in the incident was defective.
Machinery and Equipment Accidents
Defective tools, malfunctioning equipment, and lack of proper guards can cause severe injuries. Equipment manufacturers are frequently liable in these cases under product liability theory.
Electrocution
Contact with live electrical wiring can occur due to inadequate protection of electrical systems, failure to de-energize circuits before work, or negligent excavation near underground power lines. Both the contractor responsible for electrical safety and the property owner may be liable.
Trenching and Excavation Accidents
Trench collapses, inadequate shoring, and failure to locate underground utilities can cause buried or crushed workers. These incidents typically involve negligence by the general contractor and possibly the property owner.
Significant Damages in Construction Accident Cases
Construction accident injuries are often severe—amputations, spinal cord injuries, traumatic brain injuries, and death are not uncommon. Damages in these cases are substantial:
Economic Damages
Medical expenses, rehabilitation costs, lost wages, and permanent disability all form the basis for economic damages. If your injury prevents you from returning to construction work, your lost earning capacity over a lifetime can be substantial.
Non-Economic Damages
Pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement are all recoverable in construction accident claims. Severe construction injuries often warrant six and seven-figure awards for non-economic damages.
Punitive Damages
If the defendant's conduct was willful or reckless—for example, a contractor knowingly sent workers onto an unsafe site despite safety violations—punitive damages may be available.
Complex Litigation in Construction Accident Cases
Construction accident cases are complex. They often involve multiple defendants, each pointing fingers at others. Expert testimony on construction safety standards, equipment defects, and causation is frequently necessary.
Insurance coverage is also a critical issue. Contractors, property owners, equipment manufacturers, and others maintain insurance policies. These policies may have coverage limits, exclusions, or disputes. Your attorney must navigate these insurance issues to ensure adequate compensation is available.
Why You Need an Attorney After a Construction Accident
If you've been injured in a construction accident in Detroit, you likely have multiple potential defendants and multiple claims. Understanding which defendants are liable, which insurance policies apply, and how to maximize your recovery requires experience in construction injury litigation.
Contact our firm for a free consultation. We'll investigate the accident, identify all responsible parties, and pursue all available claims on your behalf. Our goal is to secure the full compensation you deserve for your construction accident injuries.
