Every day, Michigan’s factory workers clock in expecting a fair day’s work and a safe environment. But on too many job sites, aging equipment, ignored maintenance, or missing safety protocols turn a regular shift into a nightmare.
A conveyor belt jams and crushes a hand. A press machine malfunctions and causes an amputation. An electric panel explodes due to faulty wiring. These aren’t rare accidents—they’re preventable tragedies, and they happen far too often across Michigan’s manufacturing floors.
The truth is, you have the right to safety at work. When machines fail and workers pay the price, someone needs to be held accountable—whether it’s the employer, the equipment manufacturer, or a negligent contractor. And that’s where Marko Law comes in.
If you were injured by factory equipment—whether it was due to poor maintenance, a safety violation, or a defective machine—you may be entitled to far more than just workers’ comp. You may have a powerful legal claim that can help you recover lost wages, pay for medical care, and hold the right people responsible.
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Your Legal Options After a Factory Equipment Injury
Workers' Compensation: The Starting Point
In Michigan, most injured workers are eligible for Workers' Compensation, which is designed to cover:
- Medical bills
- Wage loss benefits
- Vocational rehabilitation
Third-Party Liability Claims
When your injury was caused by someone other than your direct employer, you may be able to file a separate lawsuit. This is called a third-party liability claim—and it can open the door to much larger compensation.
Examples include:
- A machine manufacturer whose product had a design or manufacturing defect
- A contractor or vendor who installed or maintained equipment improperly
- A property owner or leasing company who ignored safety risks
Unlike workers’ comp, a third-party lawsuit allows you to recover damages for pain and suffering, emotional trauma, and long-term disability.
Gross Negligence: When the Rules Change
Michigan’s Workers’ Compensation system is considered the exclusive remedy against your employer—unless their actions crossed the line into gross negligence or intentional harm.
If your employer:
- Ignored OSHA safety mandates
- Removed safety guards or lockout/tagout systems
- Knew about serious risks and did nothing
…you may have a legal path around the exclusive remedy rule. These cases are tough, but Marko Law knows how to prove gross negligence—and we don’t back down.
Michigan’s Workers’ Compensation Laws and Limitations
What Is the Worker’s Disability Compensation Act of 1969?
Michigan’s Workers’ Comp system is governed by the Worker's Disability Compensation Act of 1969, which requires most employers to carry insurance that covers:
- All reasonable medical expenses
- Wage loss benefits (usually a percentage of your average weekly wage)
- Vocational rehabilitation (if you can’t return to your old job)
- Survivor benefits in fatal workplace accidents
It’s a no-fault system—meaning you don’t have to prove your employer was negligent to receive benefits.
What Workers’ Comp Covers—And What It Doesn’t
Covered:
- Emergency care and hospital visits
- Prescription medications
- Surgery and physical therapy
- Lost wages due to temporary or permanent disability
Not Covered:
- Pain and suffering
- Punitive damages
- Full wage replacement (you get about 80% of your after-tax wages)
- Future earning potential or emotional trauma
If your injury is severe or life-altering, workers’ comp may only scratch the surface of what you need to truly recover.
Limits on Suing Your Employer
In most cases, you can’t sue your employer directly for a workplace injury. Workers’ comp is considered the “exclusive remedy.”
But there are exceptions:
- Intentional torts (your employer meant to harm you)
- Gross negligence (e.g., disabling a safety mechanism or ignoring known hazards)
Filing, Appealing, or Disputing a Workers’ Comp Claim in Michigan
Injured? Here's what to do:
- Report the injury immediately to your employer—ideally in writing.
- Seek medical attention from an employer-approved provider.
- File a claim with the Michigan Workers’ Compensation Agency if benefits are denied or delayed.
- Appeal or dispute any denial, underpayment, or improper treatment decisions.
When Can You Sue Outside of Workers' Comp?
Defective Machinery: Product Liability Lawsuits
If the machine that injured you was defective, you can often sue the manufacturer directly. These product liability claims are entirely separate from your workers’ comp case and can result in much higher compensation.
You may have a case if:
- The machine had a design flaw or was inherently dangerous
- A manufacturing defect caused it to malfunction
- The product lacked adequate warnings or instructions
Subcontractors or Vendors at Fault
On large factory floors or industrial sites, it’s common for multiple companies to be involved. If a subcontractor, maintenance vendor, or outside party caused the hazardous condition or failed to enforce safety rules, they can be sued for negligence.
Examples:
- A third-party crew leaves tools in dangerous locations
- A vendor improperly installs or services a machine
- A safety inspector fails to report obvious hazards
Employer Misconduct and Safety Violations
While suing your employer directly is difficult under Michigan law, there are cracks in that protection when your injury involves:
- Gross safety violations
- OSHA non-compliance
- Willful neglect of lockout/tagout protocols
- Bypassing safety devices to boost productivity
The “Intentional Tort” Exception in Michigan
Michigan law allows you to bypass the exclusive remedy of workers’ comp if your employer committed an intentional tort—meaning they deliberately acted in a way that they knew was likely to cause injury.
This is rare but powerful. Examples may include:
- Removing safety guards
- Forcing employees to use damaged or recalled equipment
- Threatening termination for refusing unsafe tasks
What Compensation Can You Recover?
Medical Expenses (Immediate and Long-Term)
Beyond your initial ER visit, serious injuries often require:
- Surgeries
- Hospitalization
- Rehabilitation and therapy
- Medical equipment
- Ongoing treatment or home care
Lost Wages and Diminished Earning Potential
If you’re out of work due to your injury—or forced into a lower-paying job—you may be entitled to recover:
- Past lost income
- Future lost wages
- Loss of earning capacity if you’re permanently disabled or can’t return to your old trade
Pain and Suffering
One of the biggest differences between workers’ comp and a third-party lawsuit? Pain and suffering compensation. You can’t get it through workers’ comp—but in a personal injury claim, you can.
That includes:
- Physical pain
- Emotional distress
- Anxiety, PTSD, depression
- Loss of enjoyment of life
Permanent Disability or Loss of Limb
Factory injuries involving heavy machinery often lead to:
- Amputation
- Paralysis
- Spinal cord injuries
- Loss of vision or hearing
Punitive Damages for Gross Negligence
If your injury was caused by reckless disregard for safety—like ignoring known equipment defects or disabling safety guards—you may be entitled to punitive damages.
These are designed to punish the wrongdoer and send a message: profits don’t come before people.
Critical Evidence That Can Help Your Case
Accident Reports and OSHA Filings
Immediately after your injury, a report should be filed with your employer—and in serious cases, with OSHA (Occupational Safety and Health Administration). These documents may reveal:
- Safety violations
- Prior incidents involving the same machine
- Employer knowledge of risk
Photos and Videos of the Machinery and Injury Site
Visuals are powerful in court. If you’re able—or someone nearby is—capture:
- The equipment that caused the injury
- Visible defects (missing guards, frayed wires, leaks)
- Blood, damage to personal protective equipment (PPE), or scattered parts
- Surrounding area (lack of warning signs, spilled fluids, clutter)
Maintenance Logs and Inspection Records
Who maintained the equipment? When was it last serviced? Was it ever flagged for repair? These logs may prove:
- Employer or contractor negligence
- Ignored defects or skipped maintenance
- Failure to follow manufacturer guidelines
Witness Statements and Expert Analysis
Coworkers, supervisors, or nearby vendors may have seen:
- The accident happen
- Safety rules being broken
- Warnings being ignored
Medical Records and Prognosis Documentation
Every doctor’s note, x-ray, surgery report, and therapy session matters. These records help:
- Prove the severity of your injury
- Show the long-term impact on your life and work
- Justify your need for continued care, time off, or disability benefits
You Deserve More Than a Payout—You Deserve Protection
If you were injured by dangerous factory equipment, you’ve already paid too high a price. You don’t need a runaround from your employer, a lowball offer from insurance, or silence from a manufacturer that put profits over safety.
At Marko Law, we don’t just chase settlements. We demand accountability. We uncover negligence, expose cover-ups, and make sure the companies that failed you don’t get to walk away quietly.
Don’t let the system grind you down. Let us step in, take the weight off your shoulders, and fight for the compensation, dignity, and justice you deserve.
Contact Marko Law for a Free Case Evaluation
📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com
Marko Law Will Give You A Voice
At Marko Law, we don’t just take cases — we take a stand. Whether you're facing an injury, injustice, or outright negligence, our team fights like it’s personal — because to you, it is.
- Over $500 Million recovered for our clients
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