Generally, when a person is injured on-the-job, the "exclusive remedy" for the lost wages and medical benefits are provided under Worker Compensation. However, the Worker Compensation law does not provide "personal injury" damages for pain and lost quality of life. If the workplace injury was caused by a defective product, or other cause, the client may file a personal injury claim. Generally the statute of limitations for personal injury claims is 3 years, although there are exceptions.
Parsons Law Firm has extensive experience in workplace accident cases. If you think we may be able to help you after an injury at work, we welcome you to contact us for a free, confidential consultation.
The following cases are some examples of our past successes*:
Usually a worker cannot sue if she is injured on workplace premises. In this case, we proved a contractor wrongly designed a new area of the factory. A worker fell through a floor grate and drowned in a vat.
A construction worker was paralyzed from the waist down when the machine he was in tipped over. The contractor who installed the driveway used poor soil for “fill” and did not properly compact the soil. We sued both the general contractor and the driveway contractor. The key to this case was the expert analysis of the soils, soil density tests, and expert analysis of the steering characteristics of the machine.
An untrained worker was struck by a hazardous tree limb. The landowner was found liable. The key to the case was researching legal doctrine, and defending the case on appeal.
A painter doing a finishing exterior coat fell from his ladder, suffering a closed head injury, when a board that had been improperly nailed onto a house gave way. The key to the case was distinguishing the facts of the case from worker’s compensation.
A young musician working part-time in a factory was crushed by a stack of materials that tipped over. We settled with the delivery company for a guarantee of $200,000. We next took an assignment of the employer’s old insurance policy, then filed a second suit against the insurance company to collect. The insurer settled for $725,000, adding to the guarantee of $200,000, for a total of $925,000 — all of which was collected.
A young man suffered a very serious hand injury when his hand was dragged into a belt sander after the guard came open. Our research uncovered the history of the machine, which had been sold at auction in California. Eventually, we were able to show by a preponderance of evidence that a prior company had modified the guard. See images from the computer simulations we have created to help win cases like this one.
An employee was killed when a scissor-lift bucket he was using to repair overhead pipes crushed him against an overhead pipe. The company that originally designed the machine had gone out of business and there was no insurance. We located a successor corporation with a $1,000,000 insurance policy that provided coverage for the incident.
For more information and to discuss your legal rights, we welcome you to contact Parsons Law Firm in Traverse City. We work with clients in cases throughout Michigan and are pleased to offer a free, no-obligation consultation.
* These workplace injury cases are chosen from many more, to illustrate some of the variety of the issues we have dealt with.