As an employee in Michigan, you are likely covered under the state’s workers’ compensation program if you suffer a job-related injury or illness. While most people think of dangerous industries such as construction and transportation as causing work-related injuries, you could sustain injury in an office setting by slipping on a spill or tripping over an object where you work. You could also slip and fall on an icy walkway as you enter or leave the office building.
So, when is a Michigan slip and fall covered by workers’ comp? Our Grand Rapids workers’ comp lawyers at Jay Trucks discuss what you need to know about a slip and fall, including when they may be covered by your workers’ comp and what you can do if you suffer this type of injury.
Slip and Fall Accidents in the Workplace
Slip and fall accidents are among of the most common ways that people get hurt on the job. Approximately every one in six work injuries happen this way, and slip and fall or trip and fall accidents can happen anywhere, including in your office, at a construction site, or some other work environment. Fortunately, most employers, even small private companies, are required to carry workers’ comp insurance in Michigan to help cover associated medical costs and a portion of lost wages, along with other losses resulting from a slip and fall accident that happens on the job.
These are some common ways employees may get injured in a slip and fall at work:
- Slipping on a wet spot on the floor
- Tripping over an office cable
- Falling on an icy work parking lot
- Stumbling over a ripped rug or other object
- Falling off of a ladder or scaffolding at a construction site
- Tripping or stumbling because of uneven or defective flooring
Harder-to-Prove Areas for a Workplace Slip and Fall
More complicated workers’ compensation claims may arise from slip and fall accidents that happen at unusual times or off your immediate work premises. In many of these situations, an employer or workers’ compensation carrier may argue that these injuries did not occur or arise out of the scope of your normal job duties.
Here are some examples of slip and fall incidents that be harder to prove as a work-related injury:
- During your lunch hour in your place of work
- Walking in a designated company parking lot or other lot near your office
- Walking from your car to get to work
- Leaving work to walk back to your car
- Taking a bathroom break
- Getting into, or out of your car
For these types of accidents at work, you may benefit from having an attorney represent you. Often, whether or not you may have a workers’ compensation claim is in the details, and having a licensed attorney on your side to protect your rights may mean the difference in your claim being approved.
Other situations where your slip and fall injury will likely not be covered by workers’ comp include:
- Taking your lunch break off premises
- Stopping at the grocery store before heading to your car after work
- Other non-work related errands
What If I Contributed to My Slip and Fall?
It is important to understand your rights after a work-related injury. Fault does not matter when pursuing a workers’ comp claim. So whether negligence on your part may have contributed to the accident in some way, you should still be eligible for benefits. However, the opposite is also true for your employer. Unless he or she intentionally caused you harm, you cannot sue him or her for damages due to a work-related injury.
When Does an Employer Have to Offer Workers’ Comp in Michigan?
Any private (non-government) employer in Michigan that regularly employs three or more people must provide workers’ compensation benefits to their workers. Additionally, if a company has only one employee, but that employee had worked at least 35 hours a week for 13 weeks of the year, the employer may still be required to offer workers’ comp. Some exceptions apply, but virtually any employer can purchase workers’ compensation insurance for their employees regardless of the number of workers they have or their industry. Workers classified as independent contractors are not typically covered by workers’ compensation.
What Do I Need to Do After a Workplace Slip and Fall?
Although Michigan employees are covered by their company’s workers’ compensation insurance, there are still responsibilities that you must meet following a job-related slip and fall.
In addition to avoiding many of the common mistakes people make after getting hurt at work, it is important to take these steps:
- Notify your employer immediately: Although you are given 90 days to report an accident, it is unwise not to report it immediately. As soon as you step off your work premises, it becomes a little easier for an employer or insurance carrier to argue your injuries could have happened elsewhere.
- Seek medical care: Seeking medical attention right away helps to protect your health – this is especially important if you have sustained a serious internal injury. Additionally, when you are seen by a medical professional, the diagnosis and doctor’s notes are in your medical records. This information helps to link your injuries to the accident.
- File your workers’ comp claim: Your slip and fall injury at work must be filed with the Workers’ Compensation Agency in Michigan within two years. However, the later you file, the more difficult it may be to obtain your benefits.
- Contact an attorney: Workers’ comp claims can be complicated and may benefit from the experience of a qualified attorney – someone who understands workers’ compensation laws.
What If My Michigan Workers’ Comp Claim Is Denied?
If your employer or their workers’ comp insurance company denies your claim, it can be frustrating, to say the least. However, keep in mind that many valid workers’ compensation claims are denied, so you’re certainly not alone. If your claim is denied, you must speak with an experienced workers’ compensation attorney as soon as possible. They can sit with you and review the reason for your denial and evaluate your claim. A lawyer can offer invaluable guidance in helping you understand the reasons for the denial and what steps you must take to resolve the issue.
In the case of a denied claim, you will work with your attorney to request a hearing before the Workers’ Compensation Board of Magistrates. Your attorney can walk you through the process and help you file your request properly. You should note that neither you nor your employer can take the dispute directly to court in most cases.
After receiving your request to challenge the denial, the Michigan Department of Labor and Economic Opportunity, Workers’ Disability Compensation Agency will review it. Depending on the facts and circumstances of your case, they will either schedule your case for a hearing before a magistrate or schedule a mediation session.
In many cases, the Agency will schedule mediation in the following circumstances:
- Your claim is only for medical benefits or vocational rehabilitation services
- Your employer doesn’t have workers’ comp insurance
- The Agency feels mediation should be able to resolve the issue
If none of these apply–or if your dispute was not resolved through mediation–the Agency will schedule a hearing. You should retain an attorney the moment you learn of your claim’s denial. A lawyer can advise you on the proper course of action and represent you during mediation and at the hearing.
Contact the Jay Trucks Legal Team Today
For specific advice regarding whether your job-related slip and fall injury claim is covered by Michigan workers’ comp insurance, contact Jay Trucks & Associates as soon as possible. If your work-related slip and fall claim was denied, you should contact us for help immediately.
Our attorneys have extensive experience handling workers’ comp claims caused by slip and falls and other accidents in the workplace. We have been representing injured victims in Michigan against insurance companies for decades. We understand the underhanded methods they use to try to delay – or even deny your workers’ comp benefits.
We also understand Michigan’s workers’ compensation laws, and we are prepared to review the details of your situation, investigate your accident, and gather evidence to help build a strong case on your behalf.
If you suffered a slip and fall accident at work, call our firm for a free case review to find out how we may be able to help. (800) 762-8623.
