We Defend Those Who Have Experienced Workplace Accidents
The lawyers at Jay Zelenock Law Firm can help you if you’ve experienced a workplace injury. In many cases those who have experienced workplace accidents are entitled to compensation to cope with loss of income, medical expenses and long term care expense as needed. Our team fights to ensure injured employees receive the damages they are entitled to, whether from a tort liability insurance claim or a worker’s compensation claim.
Typical workplace injuries include, but are not limited to:
1. Hand and wrist injuries
2. Back injuries
3. Occupational diseases
4. Construction-related injuries
Please contact us to see if you are eligible. We can offer guidance in understanding your workplace related accident suit and provide other personal injury expertise.Contact Us
Client Success Story:
Personal Injury Law – Insurance Law – Construction Accident
The firm assisted a young man who suffered several bone fractures in his foot while working on a construction site recover a $350,000 settlement. Interestingly, the client had been told by another law firm that advertises extensively on television that he “had no case,” before he called our firm. This shows the importance of careful and thorough factual investigation and legal analysis, in evaluating a potential legal claim.
Commercial truck accident - Work Injury -- Hit-and-run driver - Uninsured/Underinsured Motorist Insurance -- Insurance Coverage Litigation - Arbitration Award enforcement
A commercial truck driver had a terrible day at work, when a car pulled out into the path of his 18-wheeler. He braked and tried to swerve, and suffered severe right wrist fractures when his tractor trailer jack-knifed. Sadly, the at-fault car driver fled the scene without taking responsibility for causing the crash or even calling for help. The truck driver's employer had purchased $1 million in uninsured/underinsured motorist insurance coverage from an international insurance company. Unfortunately, the employer and insurance company joined forces to fight the truck driver's claim. The insurance company had sold the policy to the employer with a "$150,000 self-retention" (essentially, a huge "deductible" payable by the employer in the event of a claim) which provided the employer a powerful incentive to "cooperate" with the insurer's arguments that there was no coverage intended for employees, like the truck driver who suffered disabling injuries in this hit-and-run accident. Extensive investigation and discovery of internal insurance documents led to a favorable result for the client. The trial court granted Mr. Zelenock's motion to enforce a $775,000 arbitration award in favor of the trucker and also granted Mr. Zelenock's motion on the insurance coverage issues, defeating the arguments of the employer and the international insurance giant. Judgments totaling approximately $1 million were entered against the employer and insurer. They appealed and lost. $1.2 million was recovered, as taxable costs and interest were also collected from the insurer. After losing the appeal, the insurer filed an additional motion in the trial court to attempt to reduce the recovery. The insurer asserted it was entitled to reduce the award by the amounts of all worker's compensation benefits paid to the trucker pursuant to the worker's compensation statute. Mr. Zelenock filed a motion to extinguish the insurer's alleged statutory lien. The trial court granted Mr. Zelenock's motion, entered an order extinguishing the alleged lien, and sanctioned the insurer an additional $4,400 for raising the lien issue.
Insurance Law – Workplace Injuries
The firm assisted a worker who was injured overseas while performing missionary work, including assisting with assessing worker’s compensation benefits available in the United States as a result of the accident.
Wrongful Death-Insurance Coverage Litigation-Assignment of Rights under Liability Insurance Policy-Worker's Compensation Law-"Temporary workers"
Wrongful death cases are brought under Michigan's Wrongful Death Act, which can be found at MCL 600.2922 et seq. The Act defines the persons (generally family members) who may recover damages for wrongful death, when someone dies and another party is liable for causing the death. In one case, a young man working part-time in a factory warehouse was crushed by a stack of materials that tipped over. The company owner carried no worker's compensation benefits, indicating that the young man was an independent contractor, not an employee. On the other hand, the company's liability insurer took the opposite position, arguing that the young man was an employee, not an independent contractor, so it refused to pay insurance benefits. The young man's widow was stuck in the middle. A $725,000 settlement was reached after extensive research, investigation and litigation with the liability insurer over the insurance coverage issues.