Let’s Talk About Michigan Workers' Comp

Let’s Talk About Michigan Workers’ Comp

by / Friday, 17 January 2014 / Published in Personal Injury, Workplace Woes

Workers’ compensation is a statutory scheme that’s known as the Workers’ Disability Compensation Act (WDCA). It’s a security blanket for employers because it limits their liability if employees are injured on the job.

The WDCA covers employees but not independent contractors. In order to determine whether a worker is an employee or independent contractor, there’s something known as the economic reality test. This test seeks to qualify independent contractors that employers may not want covered under the act. If these factors are met, an independent contractor will be covered under the WDCA:

Homer Simpson holding a radioactive rod without his safety mask and a man falling off of a ladder behind him

1. The effects of terminating the person
2. The person’s contribution to the organization. Is he or she an integral part of the business?
3. Does the employee depend on that specific job to pay for his or her living expenses?
4. Does the employee furnish his or her own materials?
5. Does an independent contractor normally perform the person’s work?
6. Does this person have control over wages, hiring, or firing?

There’s a 2-year statute of limitations for all claims employees might have under the act.

Did you know horseplay injuries between employees sometimes qualify under the WDCA? It’s a broad act that entitles employees to a lot of coverage.

It is still possible to make a tort claim under the WDCA for intentional torts to other employees and intentional torts by the employer.

If you’ve been injured, our Southfield, Michigan personal injury law firm is here for you. Goodwin & Scieszka has been fighting Detroit and Metro Detroit personal injury claims for over 30 years, including cases involving:

Dog bites
Slip and falls
Medical malpractice
Car, motorcycle, snowmobile, truck, bus accidents
Defective products
Birth trauma

Be sure to check back often, as we continually update our blog with insight into Michigan law, tips to avoid injuries we commonly defend, and Detroit area personal injury news.

Get the recovery you deserve and get it today. Call Goodwin & Scieszka.

If you have been injured in any type of accident, contact us immediately by phone or email. You pay nothing until we take your case to trial or settle. With over 30 years of litigation experience representing the “little guy” against the largest insurance companies, corporations, and hospitals, we’ll get you the money you deserve.

Visit our website to find out more information on the services we provide and why we have been named Michigan Super Lawyers for the last eight years and Dbusiness’s Top Lawyers for the last three. Whatever your accident or injury, we are ready to Win Your Case!

Call us at 1-888-GOODWIN (466-3946)

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