Workplace Injury

In every state, an employer is responsible for providing an environment for work that is safe and free of dangerous or hazardous materials. Under the Occupational Safety and Health Administration (OSHA), employers are required to meet state guidelines that protect workers while on the job. Unfortunately, even with strictly enforced OSHA guidelines in place accidents do occur. In the United States in 2016, there were 5,190 fatal accidents to workers while on the job and in Michigan there were 162 fatal accidents. Also, there were many other accidents that were not fatal but led to worker injuries, time off from work and some long term disabilities.

The law does not allow for lawsuits against employers where accidents to workers occur. However, all employers if they have 3 or more employees or they have one employee who works more than 35 hours a week must carry Workers Compensation Insurance to cover accidents when they occur. If a worker is injured while on the job, it is in the worker’s best interest to file a claim and report the incident to the employer. If nothing comes of the incident and there is no compensation, at least the employer has been notified that a problem or status is present that may cause other accidents, and this should be addressed.

Workers Compensation provides benefits to the employee when an accident occurs by ensuring payment for lost wages, medical costs, and rehabilitation costs. The employee is also covered for an illness contracted on the job that causes them to miss work. Because the employee is covered regardless of whose fault the accident was, the employee gives up the right to sue the employer, but the employee must adhere to specific rules when applying.

In Michigan, the worker has 90 days to file with the employer that an accident has occurred. In addition, the claim for compensation must be filed within two years of the date of the accident. Failure to meet these deadlines may result in the insurance company dismissing the claim. That is why it is always a good idea to file a report if there was an accident at work whether the report leads to a claim for compensation.

The Law Offices of Cochran, Kroll & Associates has a lot of experience dealing with workplace injuries that include the following:

If you are injured on the job or you suffer an illness that may be related to the environment or hazardous materials that you have been exposed to contact Cochran, Kroll & Associates, Inc., at Cochranlaw.com or call us at 1 866-MICH-LAW (1-866-779-7331) for a free consultation.

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