Legal Question in Workers Comp in Michigan
How can I go outside the Workers Compensation law to get compensation for my inj
I have been diagnosed (8/2001) with idiomatic cardiomyopathy (congestive heart failure) caused by a previous viral lung infection. I was diagnosed as having such an infection in January/February 2001. On the day my infection began, there were heavy combustion fumes in my office at work. The heating unit there was later found to have a rusted exhaust flue and was disabled. It has been subsequently repaired and is back in service. I believe that the fumes caused my illness and that my employer was negligent in maintaining the heating equipment. Can I go outside of Workers Comp and get compensation for pain and suffering, loss of quality of life, etc.?
3 Answers from Attorneys
Re: How can I go outside the Workers Compensation law to get compensation for my
If you can prove that the problem with the heating unit was the proximate cause of your injury, then you may be able to bring a case against the manufacturer in products liability. However, the heating unit manufacturer might, I suspect, cross-claim back to the employer for poor maintenace of the unit, and then you would be right back where you started from - with a bar to claim against the employer because worker's comp is your sole remedy against the employer. I would think your next step would be to determine how or why the heating unit was defective.
On a different note, if the building was leased then the landlord may have been negligent in the maintenance of the heating unit, and then you might have a cause of aciton against a landlord.
Re: How can I go outside the Workers Compensation law to get compensation for my
The only way you will be able to go outside comp is to go against a party other than your employer. Perhaps the heating contractor who was in charge of maintenance?
Re: How can I go outside the Workers Compensation law to get compensation for my
If your employer was responsible for the heating units maintenance then it will be very difficult to sue your employer outside of workers compensation. However, if a third party was responsible for its maintenance and it can be demonstrated that the defective unit is responsible for your condition (proximate causation) then you may have a claim against this third party. Also, depending on how old the unit is, you could also have a product liability claim against the manufacture.
Also, if your company leases its premises and the landlord is responsible for the HVAC system (directly or indirectly), they could also be a named party in such litigation.
We would be pleased to discuss your situation in more detail. You may contact us at your convenience at (800) 209-4000 or (248) 626-5100.
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