Michigan Construction Accident Lawyers
Construction workers suffer more fatal workplace injuries than any other industry. When those injuries happen in Michigan — and they happen every day — the workers' compensation check is only the beginning of what injured workers are entitled to recover.
Can I sue someone besides my employer after a Michigan construction accident? Often, yes, but it depends on who owed and breached a separate duty. Workers' compensation is generally the exclusive remedy against the direct employer under MCL 418.131, except for intentional torts. Non-employer defendants such as general contractors, subcontractors, property owners, equipment manufacturers, vehicle drivers, or public-project entities may be liable when their own conduct caused the injury.
Workers' Comp Vs. Third-Party Construction Claims
| Recovery path | Who it is against | What must be shown |
|---|---|---|
| Workers' compensation | Your direct employer / workers' comp insurer | Work-related injury, usually without proving fault; benefits are limited by the WDCA. |
| Third-party negligence claim | General contractor, subcontractor, owner, manufacturer, driver, or another non-employer party | Separate duty, breach, causation, damages, and defenses such as comparative fault or control of the work area. |
| Intentional-tort exception | Employer in narrow cases | The statutory exception under MCL 418.131 is narrow and fact-intensive. |
Michigan Construction Accident Attorneys — Workers' Comp Is the Floor, Not the Ceiling
A roofer falls from scaffolding because a general contractor failed to install required guardrails. An electrician is burned when a site supervisor ordered work on an energized panel without proper lockout procedures. A laborer is struck by a falling steel beam because a subcontractor ignored the rigging inspection schedule. Michigan's workers' compensation system will pay some of those costs. It will not pay for pain and suffering. It will not pay full lost wages. And it will not account for what a catastrophic construction injury does to a family over twenty or thirty years.
Christopher Trainor & Associates has spent more than 35 years representing construction workers injured on Michigan job sites. Our approach starts with workers' compensation — making sure every benefit the WDCA provides is claimed and paid. It doesn't stop there. We investigate every party who had control over the conditions that caused the injury: the general contractor, the property owner, subcontractors, equipment manufacturers. When those parties contributed to the injury, we file third-party claims that open the door to the full compensation workers' comp leaves on the table.
Every case is on contingency. Nothing upfront and no fee unless we win.
Construction Accident Case Results
Every case is different and past results don't guarantee a future outcome.
- $1,200,000 — Settlement for a roofer who fell from a scaffold due to missing guardrails, suffering multiple spinal fractures and a traumatic brain injury. The general contractor had been cited for fall protection violations at the site three months earlier.
- $875,000 — Recovery for an electrician who suffered severe burns after the general contractor failed to enforce lockout/tagout procedures on an energized panel.
- $650,000 — Settlement for a laborer struck by a falling steel beam on a commercial construction site in Oakland County, resulting in a shattered pelvis and permanent mobility limitations.
In each of these cases, the responsible parties denied liability initially and offered far less than our clients deserved. The recoveries came from thorough investigation, expert testimony, and preparation for trial.
Types of Construction Accidents We Handle
Our Michigan construction accident attorneys represent workers across every trade and every type of job site incident.
- Falls from scaffolding and roofs
- Crane and heavy equipment accidents
- Electrocution and electrical burns
- Trench collapse and cave-ins
- Struck-by-object injuries
- Repetitive motion injuries
- Chemical and toxic exposure
- Fire and explosion
- Structural collapse
- Defective equipment and tool injuries
Falls are the leading cause of construction site deaths, accounting for more than one-third of all construction fatalities nationwide. Whether you fell from a roof, were struck by a crane load, or were trapped in a trench collapse, the question we start with is the same: who had control over the conditions that caused this, and did they meet their legal obligations?
Michigan Construction Safety Laws and Your Rights
Multiple layers of federal and state law govern construction site safety and determine who bears responsibility for a worker's injuries.
OSHA Federal Safety Standards
The Occupational Safety and Health Administration sets minimum safety requirements for every construction site in the country. OSHA's construction standards (29 CFR 1926) govern fall protection, scaffolding, excavation and trenching, electrical safety, personal protective equipment, crane operation, and hazardous materials handling. When a contractor violates these standards — and an inspector documents it — that citation is powerful evidence of negligence in a third-party lawsuit. OSHA records are among the first things we obtain.
Michigan Construction Safety Standards Act
Michigan's own Construction Safety Standards Act supplements federal OSHA requirements with state regulations covering structural integrity, fire prevention, ventilation, and equipment maintenance. A violation of these standards can be strong evidence of negligence and breach of duty, depending on the defendant, rule, and facts.
Workers' Compensation Under the WDCA
Michigan's Workers' Disability Compensation Act entitles injured construction workers to medical benefits and partial wage-loss compensation from their employer's workers' comp insurer, regardless of fault. The tradeoff is that workers' comp is generally the exclusive remedy against the direct employer under MCL 418.131, except for intentional torts. You generally cannot sue your direct employer in a negligence lawsuit, but you may be able to file a workers' comp claim while pursuing third-party claims against non-employer parties whose separate negligence caused the injury.
Third-Party Liability Claims
Workers' compensation immunity generally protects the direct employer, not every party on the site. General contractors, property owners, subcontractors, equipment manufacturers, and other non-employer parties may be sued under Michigan's tort law when they owed a separate duty and caused the injury. These claims are subject to a three-year statute of limitations under MCL 600.5805 and can allow recovery of damages — including pain and suffering, full lost wages, and loss of enjoyment of life — that workers' comp does not provide.
Fall Protection Requirements
Both OSHA and Michigan law impose specific requirements for fall protection for work performed at heights of six feet or more, including guardrails, safety nets, and personal fall arrest systems. Failure to provide required fall protection is consistently one of the most commonly cited OSHA violations on construction sites — and one of the most common causes of the construction injuries our firm handles.
How We Investigate Construction Accident Cases
Construction cases turn on jobsite control, third-party duties, OSHA and MIOSHA evidence, and records that can change quickly after an injury.
- Preserve the jobsite record. We seek photos, incident reports, witness lists, subcontractor rosters, project contracts, safety meeting records, toolbox talks, inspection reports, equipment records, and site-control evidence.
- Separate workers' comp from third-party claims. MCL 418.131 generally makes workers' compensation the exclusive remedy against the direct employer except intentional tort, but non-employer third parties may still be liable.
- Review OSHA and MIOSHA evidence. Safety standards and citations can help prove what should have happened, but they are evidence of duties and breach, not automatic liability.
- Identify every party with control. General contractors, owners, subcontractors, equipment suppliers, engineers, drivers, and manufacturers can each have different duties depending on contracts and site facts.
- Use the right experts. We retain construction safety experts, engineers, equipment or product experts, and fall-protection, scaffold, trench, crane, or electrical experts where needed.
- Prepare the case before filing. We build the claim against each liable party before suit so the defense cannot reduce the case to a workers' compensation issue.
Serving Construction Workers Across Michigan
Michigan Legal Center represents injured construction workers statewide, from major city projects to industrial sites, road work, residential builds, and rural job sites. Our 10-office Michigan footprint helps us move quickly on site photos, subcontractor records, safety documents, OSHA or MIOSHA materials, medical proof, and local court filings wherever the injury happened.
Call (248) 886-8650 any time for a free consultation. You pay nothing unless we win.
Frequently Asked Questions
Can I sue someone other than my employer after a construction accident in Michigan?
How do OSHA violations affect my construction accident case?
What is a third-party claim in a construction accident?
Who is responsible for safety on a Michigan construction site?
What compensation is available after a construction site injury in Michigan?
Our Team Approach
Every case at Christopher Trainor & Associates is a team effort. Our attorneys collaborate on strategy, discovery, and litigation so you get the full strength of the firm behind you—not just a single lawyer. We have built our practice on this collaborative model since 1989.
Meet Our Attorneys