Find A Workplace Injury Attorney In Traverse City, MI
Let’s Talk About Your Case
As explained in other practice areas, injuries can occur in many ways and from a wide variety of circumstances. Workplace injuries can arise from many causes and such injuries create potential legal remedies ranging from Workers’ Compensation benefits to third-party claims against persons or entities other than your employer. Your employer typically is responsible for providing Workers’ Compensation coverage, which provides them with legal protection from any other type of legal claim unless there is an intentional tort. (In other words, the employer acted or failed to act essentially intending that you get injured, a very high legal standard.)
To assess what types of claims you may have, and to protect and preserve the evidence and the accident scene, you need to consult with an attorney familiar with these areas of the law.
Employment And Whistleblower Violation
Ringsmuth Wuori PLLC has handled many types of employment matters, including whistleblower claims under Michigan law. Such claims are governed by special legal rules, statutes and standards of proof. In addition, there are strict time periods within which some of these types of claims must be brought. For example, whistleblower claims under the Whistleblower Protection Act have a strict 90-day window from the occurrence of the alleged violation (typically a firing) to bring a claim under the WPA, MCL 15.361 et seq.
Under the WPA, an employer cannot discharge, threaten or otherwise discriminate against an employee who truthfully reports a legal violation, or is requested to assist or appear before a public authority. The WPA provides a 90-day window from the occurrence of the alleged violation to file a civil action. Employees can seek reinstatement, back wages, fringe benefits, seniority rights, actual damages or any combination of these remedies. Liable employers can be ordered to pay all or a portion of the costs of litigation.
Some attorneys have tried to argue that there is a continuing violation to circumvent the 90-day limitation period. In 2005, the Michigan Supreme Court rejected such attempts. Moreover, courts have continued to reject claims that are not brought within the 90-day time period.
Employees who seek to file a “whistleblowers” claim need to consult their counsel as soon as possible to permit counsel time to file within the 90-day time period. This time limit is being strictly enforced under Michigan law.
See The Results
An example of one type of case that involved multiple areas of law involved a propane explosion on property at which an employee of another company was asked to perform work. While working, there was an explosion that resulted from a propane leak, causing significant personal injuries. The worker had Workers’ Compensation claims, but also third-party negligence claims against several companies.
Although we have many more cases that could illustrate our work, these two show the variety of workplace issues that we’ve worked with.
Burn Injuries: $5.238 Million Settlement
John Doe v Corporation: Burn injuries from negligence/premises liability claims.
Painter On Jobsite Falls: $425,000 Settlement
A painter applying the finishing exterior coat fell from his ladder and was hospitalized with a traumatic brain injury when a board that had been improperly nailed to a house gave way. While he was hospitalized he improved significantly. The insurance company argued that his injuries had completely healed, but his family knew better. We were able to show that he still had many subtle problems that impacted his family and him tremendously.
Sexual Harassment Of Corrections Officers: $475,000 Settlement
State officials are not immune from liability for co-workers making crude remarks and harassing women once the State supervisors find it is occurring.
* These employment and whistleblower violation cases are chosen from many more, to illustrate some of the variety of the issues we have dealt with.