Work site injury: what can I do?

Michigan construction accident cases are filed in Circuit Court in the county of injury. Wayne (Detroit), Oakland, and Kent (Grand Rapids) counties handle the most significant construction tort dockets. There is no federal MDL for standard construction accident personal injury claims; Circuit Court is the proper venue.

Michigan's statute of limitations for personal injury is three years from the date of injury (MCL § 600.5805(2)). For wrongful death arising from a construction accident, the personal representative has three years from the date of death (MCL § 600.5805(2)). Michigan applies an accrual rule — the period begins when all elements of the claim exist, which is typically the date of the accident.

Michigan has no scaffold law equivalent to New York's. Negligence is the primary theory, and premises liability under MCL § 554.139 may apply when a tenant or licensee is involved. Michigan OSHA (MIOSHA, part of the Department of Labor and Economic Opportunity) operates under a state plan and actively cites construction sites statewide. MIOSHA citations and consultation records are discoverable and relevant to proving breach of the duty of care.

Michigan workers' compensation (MCL § 418.131) provides the exclusive remedy against the direct employer. Third-party actions against general contractors, subcontractors, owners, and equipment manufacturers are preserved under MCL § 418.827. Michigan applies modified comparative fault — damages are reduced by plaintiff's percentage of fault, and a plaintiff more than 50% at fault cannot recover noneconomic damages, and economic damages are reduced by the plaintiff's percentage of fault (MCL 600.2959). Michigan also has a broad economic loss doctrine, so plaintiffs should assert all available injury theories clearly.