Workers’ Compensation vs. Work Injury Lawsuit in Michigan: What’s the Difference?

What’s the Difference Between a Workers’ Compensation Claim and a Civil Lawsuit for a Work Injury in Michigan?

When you’re injured on the job in Michigan, it’s common to ask: Should I file for workers’ comp, or can I sue someone for my work injury? Sometimes the answer is both—but it depends on who was responsible for your accident. Here’s a simple explanation of these two legal paths and when each applies.

Workers’ Compensation: Protecting Employees After a Work Injury

Workers’ compensation is a no-fault insurance system required for most Michigan employers. If you’re hurt at work, you don’t have to prove anyone did anything wrong. You simply report the injury and start a claim.

This system typically covers:

• Medical treatment
• Partial wage replacement if you miss work
• Vocational rehabilitation in some cases
• Death benefits to family if a worker is killed on the job

But it’s important to know:
➡️ Workers’ comp does not cover pain and suffering or your full lost wages.
➡️ You also cannot sue your employer if they provide workers’ comp coverage. If your employer did not carry workers’ comp insurance you can sue the company if someone at work acted negligently and was the cause of the injury.

Michigan Work Injury Lawsuit: When a Third Party Is At Fault

If someone other than your employer caused your injury—like a sub-contractor, outside vendor, equipment manufacturer, or property owner—you may be able to file a civil lawsuit (called a third-party claim).

This allows you to recover much broader damages, including:

• Pain and suffering
• Full lost wages and loss of future income
• Medical costs not covered by workers’ comp
• Emotional distress
• Loss of enjoyment of life

However, unlike workers’ comp, you’ll need to prove negligence or fault.

Example: A Construction Accident In Michigan

A construction worker is injured when scaffolding collapses:

• Workers’ Comp Claim: Pays for the worker’s hospital bills and partial lost wages, no questions asked.
• Civil Lawsuit: If the scaffolding was set up by another subcontractor who cut corners, the injured worker may sue that subcontractor or the general contractor for the project for pain and suffering and full lost wages.

Real Stories from Our Clients Injured on the Job

We’ve helped others with serious workplace injuries. At Giroux Pappas Trial Attorneys, we have a history of achieving large compensation for our clients. We have had numerous multi-million dollar resolutions for our workplace injury clients. Hear their stories:

Why You May Need Both a Work Injury Claim and a Lawsuit

In many serious injury cases, workers’ comp alone doesn’t cover all the losses a person suffers. A skilled attorney investigates whether a negligent third party played a role or whether the general contractor may be liable – giving you a chance at full compensation.

Have Questions? We Fight for Justice. We Fight for You.

If you’ve been injured at work in Michigan and a third party may have been involved, the attorneys at Giroux Pappas can explain your rights and fight for the full compensation you deserve. Contact us for a free consultation.

Michigan Work Injury Lawsuit FAQs

Q: Can I sue my employer for a work injury?
A: Usually no. Michigan law protects employers who provide workers’ comp insurance. Your claim against them is through the workers’ comp system, not a lawsuit.

Q: What is a third-party injury claim?
A: A lawsuit against someone other than your employer who caused or contributed to your injury (e.g., a contractor, property owner, general contractor or manufacturer).

Q: Can I file both a workers’ comp claim and a civil lawsuit?
A: Yes, if a third party caused your injury or the general contractor is liable under certain legal doctrines. Workers’ comp covers your medical bills and a portion of wage loss, and the lawsuit lets you recover additional damages making you more whole.

Q: What damages can I recover in a lawsuit?
A: Pain and suffering, full lost wages, future earning losses, medical expenses, attendant care and more.

Q: How do I know if I have a third-party claim?
A: A qualified personal injury attorney with experience in construction type cases can investigate your accident and identify whether another party’s negligence played a role or whether the general contractor is liable under certain legal doctrines.

Call Us Today!

If you’ve been hurt in a Michigan workplace injury accident, Giroux Pappas Trial Attorneys can help. Our experienced attorneys understand the complexities of injuires on construction sites, factory floors, and road construction accidents.

We’ll conduct a thorough investigation, preserve evidence, and help you recover the compensation you deserve. Call today at 248-629-1455.