QUESTION
Can I get sued for personal injury if I put up a warning? How?
Asked on May 13th, 2015 on Personal Injury - Michigan
More details to this question:
I put up a warning in my business saying that a specific work area was unstable because it was under construction. The sign was in clear view near the work area and was also located in other areas, specifically stating the certain work area and its dangers. One of my employees was hit on the head with a falling object (they were putting up shelves) in that area and is threatening to sue me for personal injury. Am I covered because I put up the signs?
13 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Yes, you are covered - if the warning was sufficient (which means that a reasonable person would see it and understand what it meant). A problem might arise if the injured employee was required to enter the designated area despite the danger.
Answered on May 14th, 2015 at 3:35 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you generally can not be sued by an employee for negligence as the "exclusive remedy" for the employee is workers compensation re: on the job injuries. If your actions can be deemed to "intend an injury" to your employee, then there is an exception to the exclusive remedy provision. You should explore your liability with your workers comp insurer and/or your lawyer.
Answered on May 14th, 2015 at 9:03 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can't be sued anyway, because you are the employer. Your employee can and should file a worker's comp claim because he was injured in the course of his employment, and fault is not an issue. Beyond that, though, I don't understand why you would permit an employee from working in an area that you knew to be unsafe.
Answered on May 14th, 2015 at 9:02 AM
Lisa Hurtado McDonnell
If he was required to work there in that area he can file a workman compensation case. If no workman compensation insurance then he can file personal injury case.
Answered on May 14th, 2015 at 1:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your employee has a worker's comp claim, notify your insurance companies.
Answered on May 14th, 2015 at 1:17 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you have proper worker's compensation insurance as required by Montana law, you have little to worry about. Report the injury to your work comp insurer and let them handle the whole claim.
Answered on May 14th, 2015 at 1:07 AM
James Eugene Hasser
The exclusive remedy for an on the job injury for your employee is for workers' comp benefits only. If a claim is made turn it over to your comp carrier and they'll take care of the rest. Good luck.
Answered on May 13th, 2015 at 5:00 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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It would be a workers compensation if it was a work-related injury for your employee. Hopefully you have that insurance.
Answered on May 13th, 2015 at 5:00 PM
Edwin K. Niles
This is a potential workers comp claim, not based on negligence. Notify your w.c. insurance co.
Answered on May 13th, 2015 at 4:05 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You are not necessarily protected by virtue of the sign, but if your employee somehow managed to get around the Workers Compensation laws and sued you in court, the warning and his ignoring it would serve to reduce the percentage of negligence attributable to you and conceivably could lead to a judgment entirely in your favour. (Of course, if you or a supervisory employee sent him into the zone of danger regardless of the sign, he would have a stronger claim.) BUT...why isn't he simply making a Workers Comp claim? It might be his only legal remedy, and it's much easier and more certain than a lawsuit. (I hope you have obeyed the law and obtained Workers Comp. coverage.) Good Luck.
Answered on May 13th, 2015 at 4:04 PM
Thomas Edward Gates
Because it was a work place injury, his only option is to file an L&I claim. He cannot sue you. A sign may be viewed as not going far enough to protect others. Was it roped off for example?
Answered on May 13th, 2015 at 4:04 PM
Since he was an employee on the job site, the only claim he can make against you is for Workers' compensation benefits and he can not sue you in civil court. Have him fill out an Employee's First Report of Work Injury form and you fill out the Employer's Report and turn them both over to your WC insurance carrier who will handle the legal issues. I would think there is WC liability because his actions are not so removed from his normal work duties [I am making various assumptions] and you probably can not successfully argue to reduce his benefits because of serious and willful misconduct by him. Your WC carrier will explain what the legal principles are. If you had non-employees putting up the shelves and they were negligent, he might be able to sue them, but part of any recovery he makes would be used to reduce your WC liability. WC is a no fault system.
Answered on May 13th, 2015 at 3:57 PM
Ronald A. Steinberg
A property owner must 1)perform reasonable inspections of the property on a reasonably consistent basis; 2) keep the property REASONABLY safe, which means to keep it in reasonably safe repair and within a reasonable time of discovering any defects;and 3) provide REASONABLE notice of any defects known;. If you acted reasonably, you should be in good shape. I hope that you have insurance so that you don't have to lose sleep over this. The insurance company will provide you with competent counsel to defend.
Answered on May 13th, 2015 at 3:54 PM