July 29, 2019

Your Rights as a Construction Worker in Michigan

Construction workers have powered much of the development of our modern world. As such key members of society, they deserve to know what their rights are and how a construction accident attorney at Cochran, Kroll & Associates, P.C. can help them get the justice and compensation they deserve.

The following guidelines are all taken from either the state of Michigan’s Department of Licensing and Regulatory Affairs (LARA) or the American Civil Liberties Union of Michigan’s Workers’ Rights Manual.

You Have Many Rights

First and foremost, you have many rights: you have a right to a minimum wage, limits on working hours, paid overtime and benefits, a safe workplace, and a right to form or join a union.

The Right to Take Medical Leave

It’s important to know what companies are obliged to offer Medical Leave under Michigan law. As LARA explains, Michigan’s Paid Medical Leave Act affects any employers with 50 or more part-time, full-time, or any otherwise scheduled employees. These employers are obliged to offer paid medical leave.

LARA also details any employees who are exempt from medical leave benefits. Employees can carry over unused medical leave from one year to the next, and they can also take all medical leave at once if need be. If you have any questions, a workers’ compensation attorney or a construction accident attorney may prove useful.

What the Michigan Paid Medical Leave Act Covers

You have a right to paid medical leave for the following conditions:

  • Mental or physical illness, injury or health condition of the employee or an employee’s family member.
  • Medical diagnosis, treatment, or care of the employee or the employee’s family member.
  • Care of the employee’s child if the child’s school has been closed due to a public health emergency.
  • The closure of the employee’s primary workplace due to a public health emergency.
  • Employee exposure to a communicable or contagious disease identified by health providers to pose a danger to others.
  • Preventative care of self or family members.
  • Civil or criminal proceedings, legal services, relocation, victim services, and counselling or therapy due to sexual or domestic violence.

The Right to Disability Benefits

Construction work is the 4th most dangerous profession in the US. Even if a worker is injured by their own mistake, they are still entitled to benefits through the Workers Compensation Act. If you are incapable of working due to disability, you may be entitled to additional
benefits
.

Your Family Has Rights

Since many of your rights as a construction worker concern your family, it’s important to know who is legally counted as a family member. Family members include:

  • Grandparents
  • Grandchildren
  • Biological, adopted, or foster siblings
  • The person to whom the employee is legally married under the laws of any state
  • Biological, adopted, or foster ward
  • A child to whom the employee stands in loco parentis
  • Biological parent, adopted parent, stepparent, foster parent, or legal guardian of the employee

You Have a Right to File a Complaint

You have a right to complain if promised benefits are not delivered. For instance, if you haven’t received your paid medical leave, you can fill out LARA’s online complaint form. This is useful if your employer is not paying you the medical leave to which you are entitled or if your employer is not allowing you to use paid medical leave time. However, it’s important to file this complaint within six months of any alleged violation.

Contact Us

Cochran, Kroll & Associates, P.C. offers a variety of services for construction workers and can offer crucial advice along the journey to claim the benefits you deserve if you are injured at work or denied benefits that you are entitled to. Please call our law firm on 1-866-MICH-LAW (1-866-642-4529) for a no obligation consultation. We never charge a fee unless a recovery is made.

Ms. Barry is studying Communications at the University of Pennsylvania. She has won multiple awards both for her persuasive and creative writing and has written extensively on the topics of medical malpractice law, personal and birth injury law, product liability law. When she’s not researching and writing about these topics, she edits a literary magazine and tutors students at Penn’s writing center.

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