If you are going to work for your shift, then you have a worker's compensation claim. This pays your medicals and your time off work for the duration of your injury. You may not sue your employer in tort if you were on the job. You would have to consult a workers compensation lawyer re: whether being in the parking lot as you arrive to work is "on the job" as I am not a workers comp. lawyer. If you were not on the premises to work, but for another purpose, then you likely would not have a workers comp claim, but would possibly have a negligence claim. However, Michigan law indicates that "open & obvious" conditions do not give rise to a property owners duty to make the premises safe/warn of the hazard unless there are "special aspects" to the condition. As such, premises cases become very tough to win and are aggressively defended. You may have an argument that the condition was not open and obvious upon casual observation as it looked "wet" vs. "icy"; however, others doing an "ice walk" seems to show they knew ice was present and that would harm your wet vs. ice appearance argument. Every premises case involves damages, and unless your injuries are significant, it is unlikely any lawyer will want to take on the vagaries of a Mi. slip & fall case if the damages make it such that there is a chance of a significant recovery. It is probably advisable to speak to a lawyer who handles workers comp cases, and perhaps a lawyer who handles premises cases if the wc attorney says you are not entitled to compensation
Answered on Mar 21st, 2013 at 2:48 PM