Industrial Accident Lawyer in Traverse City

More Than 45 Years Guiding Workers Through Complex Industrial Claims

An industrial accident can create two legal paths: benefits available through workers’ compensation and a potential claim against someone outside the employer relationship. Miller Embury PLLC handles personal injury, workplace benefits, and wrongful death matters for workers and families throughout Northern and Western Michigan.

We determine which legal path applies, what benefits or damages may be available, and what steps are required to preserve a claim.

Call (888) 224-1239 to request a free, no-obligation consultation with an industrial accident attorney in Traverse City.

Industrial Hazards in Traverse City Workplaces

Factories, plants, warehouses, and manufacturing facilities bring workers into close contact with machinery, stored materials, and production equipment. Manufacturing accounts for 16.7% of the workforce in the county that includes Traverse City, with local operations involving machining, metal fabrication, and plastics.

Accidents can occur during production, fabrication, processing, storage, or material handling. Our workplace injury practice includes cases in which machinery, tools, or other objects fall and strike workers in factory settings.

Other industrial accidents may involve:

• Machinery that crushes, cuts, catches, or pulls a worker into moving components.
• Equipment-related incidents during production or material handling.
• Falling tools, products, or stored materials.
• Hazardous conditions in production and storage areas.

The source of the hazard determines which legal options may apply. An injury caused by ordinary job conditions may remain within the statutory benefits system, while defective machinery or the conduct of an outside company may require a separate liability analysis.

Benefits & Claims Against Outside Parties

Under Michigan law, statutory workplace benefits are generally an employee’s exclusive remedy against an employer. An injured employee therefore usually pursues those benefits rather than suing the employer for negligence. Michigan recognizes a narrow intentional-tort exception, but it doesn’t apply to every serious safety failure.

Benefits Through Workers’ Compensation

Depending on the circumstances, available benefits may include:

• Medical care.
• Vocational rehabilitation.
• Wage loss benefits.
• Attendant care.
• Medical mileage.
• Survivor or funeral benefits after a fatal accident.

These benefits don’t include compensation for pain and suffering. Eligibility and the amount or duration of benefits depend on the worker’s medical condition, disability, employment history, and other claim-specific facts.

Claims Against Outside Parties

A worker may have a separate civil claim when someone other than the employer contributed to the accident. Potentially responsible parties include an equipment manufacturer, subcontractor, or property owner. The civil case may proceed while the worker collects statutory benefits.

Such a claim may seek economic losses and pain and suffering. Benefit coverage doesn’t establish another party’s liability, so each party’s role must be evaluated separately.

Defective Machinery & Product Liability

An accident involving machinery isn’t necessarily a product liability case. A defective-machine claim requires proof that a manufacturing defect, design defect, or inadequate warning caused the harm. The applicable theory depends on the alleged problem with the machine and its connection to the accident.

Deadlines for Michigan Industrial Accident Claims

Michigan workers generally must notify their employer of an on-the-job injury within 90 days. A claim for statutory benefits generally must be filed within two years of the injury, disability, or death.

A personal injury lawsuit against an outside party generally has a three-year filing deadline measured from the injury date. Exceptions and claim-specific circumstances can affect that calculation, so these general periods don’t determine how much time remains in an individual case.

Michigan also follows modified comparative fault in civil cases. Each party receives a percentage of responsibility. A worker’s damages are reduced by that worker’s percentage of fault, and noneconomic damages are barred when the worker is more than 50% at fault.

From Injury Notice to Appeal or Litigation

The process begins by reporting the injury to the employer. Prompt notice creates a record of the incident but is separate from filing the claim and required paperwork.

After filing, negotiation and settlement with the insurance company may follow. Any proposed settlement should be evaluated against the benefits at issue and the worker’s circumstances rather than assumed to resolve every possible legal claim.

If the insurer denies the claim or the proposed settlement is unsatisfactory, the case may proceed to an appeal or litigation. When the facts also indicate responsibility outside the employer relationship, we assess those civil liability issues separately.

Catastrophic Injuries & Fatal Industrial Accidents

A catastrophic injury can affect a worker’s ability to earn income and create long-term care needs. We examine which benefits and liability claims may address those consequences.

A fatal accident can also create wrongful death issues for surviving family members. We handle wrongful death cases and have recovered millions in settlements and jury verdicts for injured clients, including recoveries for medical bills, lost wages, and pain and suffering. Past results don’t determine the outcome of a new claim.

Discuss Your Industrial Accident Claim

During a free, no-obligation consultation, we can discuss the accident, the claims that may apply, and the next steps available under Michigan law. Consultation requests may also be submitted through our contact form.

We handle these cases on a contingency-fee basis, so there are no legal fees unless we win. Injured workers and families can seek guidance without paying an upfront attorney fee.

Call (888) 224-1239 to speak with our industrial accident lawyers about a serious or fatal injury in Traverse City.