The Claimant Is An Employee
Worker's Compensation
An injured worker claiming worker’s compensation benefits must be an “employee” of the employer to receive worker’s compensation benefits from that employer. The Michigan Supreme Court has held that determining whether an injured worker is an employee involves five specific questions: (I) Whether there is a contract; (II) Whether there is a contract “of hire” for the injured worker (the “of hire” requirement is satisfied where the injured worker’s compensation is “payment intended as wages”); (III) Whether the injured worker maintains a separate business;” (IV) Whether the injured worker holds himself or herself out to provide services to the public, and (V) Whether the injured worker is an employer subject to the Act. If the injured worker is found not to be an employee of the employer, the injured worker may be able to file a typical Michigan injury lawsuit against the employer that includes damages not compensable under the Act, including pain and suffering damages.
The MichiganLawsuit.com Way
Worker's Compensation
For an injured worker to be able to recover worker’s compensation benefits in Michigan, (1) the employer must be covered by the Michigan Worker’s Disability Compensation Act of 1969, and (2) the injured worker must be an “employee” of the employer the benefits are sought from.
If an injured worker may be able to recover worker’s compensation benefits from their employer, then the injured worker may recover the benefits if (3) the injury “arose out of and in the course of” the worker’s employment and (4) if the worker is “disabled” as a result of the injury.
Worker’s compensation benefits for a workplace injury include wage loss, medical benefits, and vocational rehabilitation.
Injuries “Arising Out Of” And “In The Course Of Employment
Worker's Compensation
Whether a work injury arose out of and in the course of an injured worker’s employment is often a hotly contested aspect of worker’s compensation disability claims because the law in this area is not clear, and there is not definitive list of factors that allow for a clear determination. There are certain factors that tend to bring an injury under worker’s compensation insurance coverage.
For example, if the work injury occurred while the worker was performing an activity that benefits the employer, the work injury will often be covered under the Worker’s Compensation Act. Or, if the worker’s injury occurs on the employer’s premises, it will often be covered under the Act. However, work injuries suffered by workers while they are not benefitting the employer and while they are not on the employer’s premises might be compensable, as numerous factors beyond the scope of this brief overview are considered. One example might be work injuries that occur during employment-related long-distance trips or traveling.
Get What You Deserve
Worker's Compensation Claims
The Law Office of MichiganLawsuit.com will aggressively represent you for your Worker's Compensation Case. Call us at (855) LAW-MICH or email us at info@michiganlawsuit.com
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In Michigan, auto accident victims are entitled to two types of damages: no-fault benefits (Personal Injury Protection or PIP benefits), covering economic damages regardless of fault and applicable to a wide range of motor vehicle-related accidents, and pain and suffering damages (non-economic damages), which are recoverable from the at-fault driver’s insurance or the victim’s own insurer in case of uninsured or underinsured motorists, provided the victim suffers from death, serious impairment, or permanent disfigurement. No-fault benefits include work loss reimbursement, medical treatment, and, in case of death, survivor’s loss benefits, while eligibility for pain and suffering damages requires demonstrating significant injury or disfigurement. The MichiganLawsuit.com team is dedicated to representing auto accident victims assertively, with contact details provided for potential clients to reach out for legal assistance.
Landlords or property owners are liable for injuries caused by hazards on their property if they fail to fulfill their legal duties to the injured person, such as failing to address dangerous conditions like poor stairway construction or building code violations, with liability depending on whether they were aware of the hazard. The level of duty owed varies based on the injured person’s status on the property: invitees, who are there for economic benefit to the owner and are owed the highest duty, including property inspection and hazard repair or warning; licensees, who have permission to be on the property without economic benefit to the owner and are only warned of known hidden dangers; and trespassers, who are owed the least duty, primarily to not be intentionally or recklessly harmed.
Negligence in personal injury lawsuits is defined as the failure to use the care a reasonably careful person would, covering a vast array of accidents like dropping an object on someone's foot or hitting someone with a golf club by accident. These incidents are often covered by the negligent party's homeowner's insurance, allowing for potential significant recoveries, and may also involve the employer's insurance if the act occurred within the scope of employment. Strengthening a negligence lawsuit involves promptly taking photos, collecting witness information, and contacting legal assistance, such as MichiganLawsuit.com.
Michigan dog bite law holds dog owners liable for bites occurring on public or lawfully accessed private property, without provocation, regardless of the dog's previous behavior or the owner's knowledge of such. Defenses in these lawsuits typically hinge on proving the victim provoked the dog or was trespassing, with provocation being determined by the jury based on specific case circumstances, and lawful presence challenging trespasser claims through evidence of implied consent to property access. Success in dog bite lawsuits in Michigan significantly relies on experienced legal representation to navigate defenses and maximize potential settlements or verdicts.
Michigan product defect lawsuits necessitate proving a product's defect caused an injury, with potential theories including negligent design, manufacture, failure to warn, breach of warranty, or misrepresentation/fraud. For negligent design, it must be shown that a product's design posed an unreasonable risk of injury that was foreseeable, with a safer, practical alternative design available but not used. Negligent manufacture claims focus on deviations from the product's design creating danger, while failure to warn involves not informing about a product's risks; both breach of warranty and misrepresentation claims revolve around false assurances about a product leading to harm.
Medical malpractice occurs when a healthcare professional fails to provide care at the standard expected of a reasonably prudent counterpart in similar conditions, making them liable for any resulting harm to the patient. Given the procedural complexities and the need for thorough preparation, including securing expert witnesses and compiling necessary documentation, enlisting a competent Michigan attorney promptly is essential. Michigan law imposes a two-year filing deadline for medical malpractice lawsuits, underscoring the importance of early legal consultation to ensure timely and adequately prepared case submission.
The MichiganLawsuit.com office specializes in Social Security claims, handling both Disability (for those with significant work histories now unable to work) and Insurance (for those without substantial income/assets), with eligibility for both requiring proof of disability as defined by an inability to engage in substantial gainful activity due to physical or mental impairments. The Social Security Administration conducts a Residual Functional Capacity (RFC) assessment to determine eligibility, utilizing factors like age and work history, though decisions can be appealed with the help of attorneys if initially denied. Appeals may progress from administrative judges to the Federal Court, where case law, rather than standard guidelines, influences the outcome, highlighting the importance of experienced legal representation in securing benefits.
The MichiganLawsuit.com office specializes in Social Security claims, handling both Disability (for those with significant work histories now unable to work) and Insurance (for those without substantial income/assets), with eligibility for both requiring proof of disability as defined by an inability to engage in substantial gainful activity due to physical or mental impairments. The Social Security Administration conducts a Residual Functional Capacity (RFC) assessment to determine eligibility, utilizing factors like age and work history, though decisions can be appealed with the help of attorneys if initially denied. Appeals may progress from administrative judges to the Federal Court, where case law, rather than standard guidelines, influences the outcome, highlighting the importance of experienced legal representation in securing benefits.
The MichiganLawsuit.com office handles employment and civil rights lawsuits, including workplace harassment, discrimination, defamation, ERISA, and FMLA claims, offering legal recourse for various workplace injustices. Recoverable damages in these lawsuits can include noneconomic and economic losses, such as physical and emotional suffering, wage and benefit loss, attorney fees, and punitive damages. Each type of lawsuit has specific criteria and procedures, with potential for significant recoveries and remedial actions, emphasizing the importance of legal representation to navigate the complexities and enforce the rights of affected individuals.
An attorney may be liable for monetary damages to a client if their negligence results in the client's loss, such as losing a case or diminished case value, with legal malpractice being the actionable path for clients. In legal malpractice actions within Michigan, the plaintiff must demonstrate the existence of an attorney-client relationship, prove the attorney's negligence, and link the attorney's actions directly to the damages incurred. Michigan law defines legal malpractice as a failure to perform with the competence expected of a lawyer under similar circumstances, and an attorney-client relationship can be established without formal documentation, continuing until officially terminated.
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Whether The Worker Is Disabled
Worker's Compensation
An injured worker is disabled if the injured worker is unable to perform and obtain a job suitable to his or her qualifications and training that pays maximum wages. A job provided only because the employer is seeking to avoid liability for worker’s compensation benefits does not necessarily prevent a finding of disability.
After filing a worker’s compensation benefits claim, the first step in the process of determining whether the injured worker is disabled is completing a full disclosure of the injured worker’s qualifications. The second step requires the injured worker to establish the universe of jobs that the injured worker was qualified for at the time of the work injury that pay maximum wages (the universe of jobs includes any potential job that is suitable to the worker’s qualifications and training). The third step is establishing that the injured worker’s injury prevents the injured worker from being able to perform some or all of the jobs within the universe of jobs. If some jobs within the universe of jobs are deemed by the magistrate to be within the injured worker’s capabilities, the injured worker may still obtain worker’s compensation benefits if the injured worker can prove that there is not a “substantial job market” for those jobs, thereby showing that the injured worker cannot obtain the work that is within their capabilities despite their work injury.
