Workplace injuries can happen in an instant. One minute, you’re performing your regular duties, and the next, you’re facing unexpected medical bills, lost wages, and a possible fight for the benefits you deserve. In many cases, workers’ compensation is designed to ease this burden. Workers’ compensation is a form of insurance that most employers are required to carry, which provides coverage for an employee’s medical care and a portion of lost wages in the event of an on-the-job injury.

However, workers’ compensation doesn’t always cover everything. Sometimes, the coverage you receive falls short, and you might face out-of-pocket costs and lack coverage for non-economic damages, such as pain and suffering. In such situations, it might be necessary to explore other legal avenues for relief. Let our qualified Newaygo personal injury attorney explain how and why pursuing an additional claim, such as a personal injury lawsuit against a third party, can safeguard your right to full compensation.

Understanding the Scope and Shortcomings of Workers’ Compensation

Workers’ compensation serves as a no-fault insurance program. In Michigan, most employers are required to carry it, and the law generally bars workers from suing their employers directly for injuries. Because it’s a no-fault system, you typically don’t have to prove negligence or wrongdoing of your employer to get the benefits. 

That’s what makes workers’ compensation advantageous—it’s an easier process compared to filing a lawsuit. While laws vary from state to state, the Worker’s Disability Compensation Act provides a standard set of workers’ compensation benefits in Michigan, essential to cover the basics after a workplace injury, which typically include:

• • Medical Expenses

These are necessary medical treatments related to your workplace injury, including hospital bills, prescription medications, surgery, physical therapy, and other approved treatments.

• • A Portion of Lost Wages

If you can’t work due to your injury, you can usually receive a percentage of your average weekly wage. In Michigan, the compensation is capped at 90% of the average weekly wage.

• • Rehabilitation Services

Some plans include vocational rehabilitation services if you need help training for a new role, especially if your injury prevents you from returning to your previous position.

However, despite these benefits, workers’ compensation does not include coverage for pain and suffering or other emotional and psychological losses that might come with a serious injury. In addition, you won’t receive a full replacement of your wages, which can strain your finances if you have ongoing bills and financial obligations. 

For instance, if your injury is severe and requires long-term treatment or makes it hard to return to your old job, the partial wage replacement might not be enough. In such situations, you might need to seek other relief beyond your workers’ compensation benefits to fully address your financial and non-economic losses.

Exploring Additional Claims Beyond Workers’ Compensation

When workers’ compensation doesn’t cover all of your damages, you might have the option of pursuing an additional claim, which typically involves filing a personal injury lawsuit against a third party whose negligence contributed to or caused your workplace injury. For example, if the property where you were working wasn’t maintained properly, perhaps the floors were slippery, or there was poorly installed scaffolding, leading to a serious slip and fall accident, you might have a claim against the owner of the said property.

Filing such a claim allows you to seek damages that are not available through workers’ compensation, including pain and suffering, emotional distress, loss of consortium, and other non-economic damages. Moreover, a third-party lawsuit might help you recoup the portion of your wages, as well as other out-of-pocket costs. However, it’s essential to identify any possible third-party claims as soon as possible. If you wait too long, evidence might disappear, or witnesses might forget important details of the case.

The Legal Process for Pursuing Additional Claims

Once you’ve established that your workplace injury might involve a third party, you can file a personal injury claim in addition to your workers’ compensation. Here’s an overview of the legal process:

• • Hire an Attorney

A local attorney can evaluate whether you have a viable third-party claim and help you gather evidence such as medical records, accident reports, witness statements, and expert opinions.

• • Filing the Claim

After the investigation, you or your attorney can file a complaint in a Michigan court, naming the liable third party, which initiates the lawsuit and outlines the basis for your claim.

• • Negotiation and Settlement

Many personal injury claims are settled out of court. Insurance companies often prefer to negotiate a settlement, but you need strong evidence to secure the compensation you deserve.

• • Trial (If Necessary)

If both sides can’t agree to a fair settlement, the case might go to trial. A judge or jury determines whether the third party is liable and how much you should receive in compensation.

Under Michigan law, the statute of limitations for a personal injury claim is generally three years from the date of the injury. Missing the deadline means forfeiting your right to pursue compensation through the court system. That’s why it’s always wise to consult an experienced Newaygo personal injury attorney early to ensure you don’t miss any legal requirements and maximize your chance of a favorable outcome.

Need Professional Help for Pursuing Additional Claims? At Shafer Swartz, PLC, We Make It Right

If your workers’ compensation coverage isn’t enough, don’t settle for less. An additional claim can bridge the gap and provide the financial resources you need to heal and move forward. Understanding the process, the evidence required, and the possible third-party liabilities is critical to ensure you don’t overlook any avenue for recovery.

Shafer Swartz PLC is here to provide the legal assistance Michigan injured workers need to protect their rights. With years of experience, our skilled Newaygo personal injury attorneys have helped countless clients evaluate their cases, identify potential additional claims, and hold all responsible parties accountable. We can do the same for you.

Don’t wait until your expenses pile up. Contact us today at (231) 722-2444 or here to schedule a consultation, and let our team review your case and explain your options. We’re here to ensure you get the compensation that truly reflects the impact of your injury and sets you on the path toward the fair recovery you deserve.