Workplace Injuries (Third-Party Claims)
Workplace Injury Third-Party Claim Attorneys in Michigan
If you were hurt on the job in Michigan, workers' compensation covers your medical bills and a portion of your lost wages — but it doesn't cover pain and suffering, and the benefits are capped. Most injured workers don't realize there's often a second claim available: a third-party lawsuit against someone other than your employer who caused or contributed to your injury. This is where the real compensation comes from.
Koussan Law handles workplace injury third-party claims throughout Michigan. We identify every party beyond your employer who bears responsibility for your injury and pursue them in court for full damages.
How Third-Party Claims Work Alongside Workers' Comp
Michigan's Workers' Disability Compensation Act under MCL § 418.131 makes workers' comp the "exclusive remedy" against your employer — you can't sue your own employer in tort for a workplace injury (with narrow exceptions for intentional conduct). But this bar doesn't protect third parties. If someone other than your employer caused your injury, you can sue that third party for full tort damages while still collecting workers' comp.
Common third-party defendants in workplace injury cases include equipment and machinery manufacturers (defective product caused the injury), property owners (you were working on someone else's premises and their hazard caused the injury), subcontractors and other contractors on a shared worksite, vehicle drivers who crash into you while you're working, chemical manufacturers and suppliers, and maintenance companies responsible for equipment or building systems.
Workers' Comp Liens: The Payback Issue
Here's the catch: under MCL § 418.827, your employer's workers' comp carrier has a lien on your third-party recovery. They want their money back out of whatever you recover from the third party. But this lien is negotiable. We regularly reduce comp liens by 30% to 50% by arguing the carrier's share should be proportional to their contribution to the recovery effort, applying the common fund doctrine, and leveraging settlement timing and structure.
Identifying Third-Party Liability
The key to a strong third-party workplace claim is investigation. Many injured workers assume the injury was "just part of the job" and don't realize that a defective machine guard (product liability under MCL § 600.2947), an unsafe condition on a client's property (premises liability under MCL § 600.2949a), or another contractor's negligence on a multi-employer worksite created the hazard that hurt them.
We review MIOSHA inspection reports, equipment maintenance logs, property inspection records, and the contracts between your employer and other parties on the job to identify every possible third-party claim.
Statute of Limitations
The third-party personal injury claim has a three-year statute of limitations under MCL § 600.5805 — separate from the workers' comp filing deadlines. Don't let one timeline slip because you're focused on the other.
If you were injured at work in Michigan and think the injury was caused by someone other than your employer — a defective product, an unsafe property, or another company's negligence — call (313) 800-0000 for a free consultation. We'll identify every third-party claim and pursue full damages beyond what workers' comp provides.
Use our free case calculator for a preliminary estimate of your claim value.
Frequently Asked Questions
Q: Can I sue a third party even though I'm receiving workers' compensation?
Absolutely. Under MCL § 418.131, workers' comp is the exclusive remedy against your employer, but you can pursue full tort claims against anyone else. You can collect workers' comp benefits AND sue a defective equipment manufacturer, a negligent subcontractor, or a property owner whose hazard caused your injury simultaneously.
Q: What is a workers' comp lien, and how much will the comp carrier take from my settlement?
Under MCL § 418.827, your comp carrier gets a lien on third-party recoveries for benefits already paid. However, liens are negotiable. We regularly reduce them 30-50% by proving the carrier didn't contribute to the recovery, using the common fund doctrine, and emphasizing attorney fees. The carrier gets reimbursed only for what they actually paid, not the full third-party settlement.
Q: How much is a typical workplace third-party injury settlement in Michigan?
Amounts vary dramatically based on injury severity, age, lost earning capacity, and third-party liability strength. Simple workplace injuries with clear liability may settle $50,000-$200,000. Serious injuries causing permanent disability often range $200,000-$1 million+. The third-party claim value (pain and suffering, permanent disability, lost future wages) far exceeds workers' comp benefits, which is why these claims are critical.
Q: What types of third-party defendants are common in Michigan workplace injury cases?
Equipment manufacturers (defective machinery), property owners (unsafe premises where you're working), other contractors and subcontractors (negligent work practices), vehicle drivers (crashes into you at work), chemical suppliers (inadequate product warnings), and maintenance companies (failure to repair hazards). Any party other than your employer who contributed to your injury is a potential defendant.
Q: How long do I have to file a third-party lawsuit for my workplace injury?
Three years from the date of injury under MCL § 600.5805. This is separate from workers' comp filing deadlines (which have different rules). Don't wait — preserve evidence, document your injuries, and consult a lawyer immediately. The longer you wait, the harder it becomes to obtain medical records and accident scene evidence.
