The "Grand Bargain" Trap
Michigan's Workers' Compensation system is a "grand bargain." In exchange for guaranteed medical coverage and partial wage replacement, you give up your right to sue your boss. It doesn't matter if your employer was negligent; generally, you cannot file a lawsuit against them.
The problem? Workers' Comp is limited. It pays your medical bills and a portion of your lost wages, but it pays zero for pain and suffering. It pays zero for the loss of enjoyment of life. If you lose a limb or suffer a career-ending back injury on a construction site, Workers' Comp alone is rarely enough to secure your future. That is where Shiraz Law Firm steps in to find the "Third-Party Claim."
What Is a Third-Party Claim?
While you can't sue your employer, you *can* sue anyone else whose negligence caused your injury. On a chaotic Michigan construction site or in a factory, there are often many different companies working together. A "Third-Party Claim" is a personal injury lawsuit against one of these other entities.
Common examples we see include:
- The General Contractor: If you work for a sub-contractor, but the General Contractor failed to maintain a safe site.
- Equipment Manufacturers: If a scaffold collapsed, a ladder broke, or a power tool lacked a safety guard due to a defect.
- Other Drivers: If you are a delivery driver and another car hits you, you can collect Workers' Comp *and* sue the other driver.
Double the Recovery, Double the Fight
Filing a Third-Party claim allows you to seek non-economic damages (pain and suffering) that Workers' Comp denies you. This can often result in a settlement that is significantly larger than your comp benefits alone.
However, these cases are complex. The Workers' Comp insurance company will often try to put a "lien" on your lawsuit money to get paid back. You need an attorney who understands the interplay between Workers' Comp law and Personal Injury law. You need someone who can negotiate that lien down to keep more money in your pocket.
Get the Full Picture of Your Rights
Don't just sign the paperwork your HR department gives you. They are looking out for the company, not you. Before you accept that the "case is closed," let Shiraz Law Firm review the accident.
We investigate job site injuries to find every liable party. We don't just want you to have your bills paid; we want you to be compensated for how this injury has changed your life. Contact us today to see if you have a Third-Party claim.
