Construction Site Accidents
Construction Site Accidents in Michigan: Third-Party Claims When Workers' Comp Isn't Enough
If you're injured on a construction site in Michigan, workers' compensation pays your medical bills and a portion of your lost wages. But workers' comp doesn't compensate you for pain and suffering. It doesn't pay your full lost wages — just 80% of your after-tax average weekly wage, capped. And it doesn't hold anyone accountable for the unsafe conditions that caused your injury. That's what a third-party claim does — and on construction sites, there's almost always a third party who bears responsibility.
At Koussan Law, I represent construction workers who've been seriously injured on the job. The workers' comp system is designed to be the exclusive remedy against your employer — but it's not the exclusive remedy against the general contractor, the property owner, the equipment manufacturer, or the subcontractor whose negligence created the hazard. I identify every responsible third party and pursue full civil damages while your workers' comp benefits continue separately.
Who Can Be Sued: Third-Party Defendants on Construction Sites
General contractors owe a duty to maintain a reasonably safe worksite. Under Michigan law, a general contractor who retains control over the work being performed has a duty to ensure safety — and that duty extends to all workers on the site, not just their own employees. Property owners are liable for known hazards and for failing to warn of dangerous conditions. Equipment manufacturers are liable when defective machinery, scaffolding, or safety equipment causes injury. Other subcontractors whose negligent work created the hazardous condition can also be sued. On a busy construction site, multiple parties may share responsibility for a single accident.
Frequently Asked Questions
Q: Can I sue my employer for a construction site injury in Michigan?
Generally no — workers' compensation is the exclusive remedy against your employer under MCL § 418.131. But there are narrow exceptions: if your employer intentionally caused your injury or if the employer is also acting as a general contractor and you're injured by a hazard outside your employer's specific scope of work. The critical strategy is identifying third parties — the general contractor, property owner, equipment manufacturer, or other subcontractors — who are not your employer and are therefore not protected by the exclusive remedy doctrine.
Q: What types of construction site accidents lead to third-party claims?
Falls from height (defective scaffolding or missing guardrails provided by someone other than your employer), struck-by accidents (crane collapses, falling materials from another subcontractor's work area), caught-in/between accidents (defective equipment or unguarded machinery), electrocution (contact with power lines that should have been de-energized by the utility company), trench collapses (inadequate shoring designed or supervised by the general contractor). Each accident type points to a different set of potentially liable third parties.
Q: Does filing a third-party claim affect my workers' compensation benefits?
No — you can receive workers' comp benefits and pursue a third-party claim simultaneously. However, your workers' comp insurer has a statutory lien under MCL § 418.827 on any third-party recovery. This means they're entitled to reimbursement of benefits paid from your third-party settlement or verdict. I negotiate lien reductions aggressively because every dollar reduced from the lien is a dollar that goes to you.
Q: What is the statute of limitations for a construction site accident claim in Michigan?
Three years from the date of injury under MCL § 600.5805 for the third-party negligence claim. Workers' compensation claims have separate deadlines — 90 days to notify your employer under MCL § 418.381 and two years to file a petition. Product liability claims against equipment manufacturers follow the three-year statute plus the 10-year statute of repose. Government entity claims require 120-day notice under MCL § 691.1404.
