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Construction Site Injuries in Michigan

Whether an injured construction worker in Michigan can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.

Short answer: Workers' compensation is an injured worker's exclusive remedy against the employer; the only exception is an intentional tort, which exists only when the employer deliberately acted and specifically intended an injury (or knew an injury was certain and willfully disregarded that… MCL 418.131(1); MCL 418.827(1)

Construction site injuriesWorkers' compensation is an injured worker's exclusive remedy against the employer; the only exception is an intentional tort, which exists only when the employer deliberately acted and specifically intended an injury (or knew an injury was certain and willfully disregarded that knowledge). The worker may also sue a third party, other than a co-worker or the employer, whose legal liability caused the injury.
Read on legislature.mi.gov on 2026-10-28.
Fault rule (comparative negligence)Modified comparative fault. Damages are reduced by the injured person's percentage of fault. If the injured person's fault is greater than the combined fault of all others (that is, more than 50%), economic damages are reduced by that percentage and no noneconomic damages (such as pain and suffering) are awarded. In auto no-fault tort cases, no damages for noneconomic loss are assessed in favor of a party more than 50% at fault.
Deadline to sue for an injuryThree years after the time of the injury for most actions to recover damages for injury to a person. Shorter periods apply to some claims, such as 2 years for assault, battery or false imprisonment and 2 years for malpractice; 10 years applies to claims for criminal sexual conduct.

More Michigan personal injury & wrongful death

FAQ

Can you sue for a construction accident in Michigan?
Workers' compensation is an injured worker's exclusive remedy against the employer; the only exception is an intentional tort, which exists only when the employer deliberately acted and specifically intended an injury (or knew an injury was certain and willfully disregarded that knowledge). The worker may also sue a third party, other than a co-worker or the employer, whose legal liability caused the injury.
Can you recover damages if you were partly at fault in Michigan?
Modified comparative fault. Damages are reduced by the injured person's percentage of fault. If the injured person's fault is greater than the combined fault of all others (that is, more than 50%), economic damages are reduced by that percentage and no noneconomic damages (such as pain and suffering) are awarded. In auto no-fault tort cases, no damages for noneconomic loss are assessed in favor of a party more than 50% at fault.
What is the statute of limitations for personal injury in Michigan?
Three years after the time of the injury for most actions to recover damages for injury to a person. Shorter periods apply to some claims, such as 2 years for assault, battery or false imprisonment and 2 years for malpractice; 10 years applies to claims for criminal sexual conduct.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.