Hurt by a Robot or Machine at Work in Michigan?

Knowledge Base · AI & Automation

Hurt by a Robot or Machine at Work in Michigan?

By Attorney Manny Chahal · Updated July 2026 · Reading time: ~8 min

Warehouses, plants, and distribution centers across Michigan increasingly run on automated equipment that moves on its own. If one of those machines injured you, workers’ compensation is only part of the picture. There is often a second, separate claim against the company that built, programmed, installed, or serviced the machine, and that second claim reaches losses workers’ compensation never pays.

Workers’ compensation comes first, and fault does not matter

If you were hurt on the job in Michigan, workers’ compensation benefits are generally available regardless of who caused the injury. You do not have to prove your employer did anything wrong. You are not disqualified because you made a mistake. That tradeoff is the foundation of the system.

Workers’ compensation covers reasonable and necessary medical treatment related to the injury and pays wage-loss benefits while you are disabled from work. For many injured workers those benefits begin before anyone has determined what actually went wrong with the equipment.

Why workers’ compensation alone usually falls short

Here is the part that surprises people. Workers’ compensation does not pay you anything for pain and suffering. It does not pay for the loss of your ability to enjoy your life, for disfigurement, or for what the injury does to your family. It pays medical care and a portion of lost wages, and that is largely where it stops.

Michigan law also generally bars you from suing your own employer over a workplace injury. That rule is the exclusive remedy provision at एमसीएल 418.131. A narrow intentional tort exception exists, but the standard is demanding. The employee must show the injury resulted from a deliberate act of the employer and that the employer specifically intended an injury, which the statute treats as established where the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge. Michigan courts have applied this exception sparingly.

The key point: Being barred from suing your employer does not mean you are barred from suing anyone. Michigan law preserves your right to pursue a third party whose conduct contributed to the injury, and accepting workers’ compensation benefits is not an election of remedies. See MCL 418.827.

The second claim: who else may be responsible

Automated equipment is rarely built, installed, programmed, and serviced by the same company that employs the injured worker. Each of those outside companies is a potential defendant. Depending on the facts, that can include:

  • The manufacturer of the machine or robot. Equipment that was defectively designed, defectively built, or sold without adequate guarding or warnings can expose the manufacturer to liability.
  • The company that wrote or configured the control software. Sensing logic, speed limits, and stop conditions are design decisions, and unreasonable ones trace back to whoever made them.
  • The systems integrator that installed the equipment. Integrators combine components from several manufacturers, and the safety of the combined system is generally their responsibility.
  • A maintenance or service contractor. Outside vendors who serviced, bypassed, or reset the equipment can be liable for what they did or failed to do.
  • A property owner or general contractor on a site where responsibility for the work area is shared among employers.
  • A staffing agency arrangement, which can change who counts as your employer for exclusive-remedy purposes.

A third-party case is a full personal injury case. It reaches pain and suffering, loss of enjoyment of life, and the wider human cost of a serious injury, none of which workers’ compensation addresses.

What “the machine malfunctioned” actually has to prove

Saying the robot went haywire is not by itself a case. A products claim generally requires showing the equipment was not reasonably safe and that the defect caused the injury. Recurring theories in automation cases include:

सिद्धांतWhat it looks like on the floor
Inadequate guardingA person can physically reach into the operating envelope while the machine is capable of moving.
Sensor or detection failureLight curtains, area scanners, or presence sensors did not detect a person, or were positioned so they could not.
Unsafe restart behaviorEquipment resumed motion automatically after a stop, fault, or power interruption, with no one expecting it.
Defeatable safety interlocksThe design made it easy, or production pressure made it necessary, to bypass a safety device.
Inadequate warnings or training materialThe hazards of the automated cycle were never communicated in terms a real operator would absorb.
Negligent serviceA contractor disabled a safety function during service and left it disabled.

The evidence disappears faster than you think

This is the practical warning worth taking seriously. Automated equipment generates a great deal of data, and much of it is short-lived. Controller error logs, cycle data, sensor states, and networked video are frequently overwritten on a rolling basis measured in days or weeks rather than months.

Meanwhile the equipment itself gets repaired and returned to production, because the plant needs it running. Guarding gets added. Software gets patched. The machine that injured you may no longer exist in the condition it was in at the moment it injured you.

Why this matters: A written demand that the equipment and its data be preserved, sent early, is often the most valuable single step in an automation injury case. Michigan courts can impose consequences on a party that destroys relevant evidence it had a duty to preserve.

Other records worth identifying early include the maintenance history, prior incidents or near misses involving the same equipment, the risk assessment performed at installation, lockout and tagout procedures, MIOSHA inspection records, and the contracts between your employer and the outside vendors.

How the two claims interact

Running a workers’ compensation claim and a third-party claim at the same time is normal and permitted. They are not alternatives, and accepting benefits does not forfeit the lawsuit.

One wrinkle deserves attention. Where the workers’ compensation insurer has paid benefits and you later recover from a third party, the insurer generally has a right to be reimbursed out of that recovery and may also receive a credit against future benefits. How that reimbursement is calculated, and how much of the litigation expense the carrier absorbs, has a direct effect on what actually reaches you. It is among the more consequential details in these cases and is better addressed early than at settlement.

समय सीमा

The two claims run on separate clocks, and missing either is generally unforgiving.

A third-party negligence claim is subject to Michigan’s limitations period for injury to a person at एमसीएल ६००.५८०५, which is three years for most such claims. The workers’ compensation side carries its own notice and claim requirements on substantially shorter timeframes. If a public entity is involved, shorter notice deadlines can apply on top of everything else. Because the applicable period depends on who the defendant is and what the claim is, the safe assumption is that your deadline is earlier than you think.

Being partly at fault does not end the case

Insurers in these cases routinely argue the worker caused the injury by reaching in, skipping a step, or ignoring a procedure. Under Michigan’s comparative fault rules at एमसीएल 600.2959, being partly at fault reduces damages in proportion to that fault rather than eliminating the claim. Noneconomic damages are barred only where the injured person is found more than 50 percent at fault.

It is also worth knowing that equipment designed so a foreseeable, ordinary human shortcut produces a severe injury is a recognized design criticism, not a defense to it.

अक्सर पूछे जाने वाले प्रश्न

Can I sue my employer if a robot at work injured me?

Usually not. Michigan’s exclusive remedy rule at MCL 418.131 generally limits you to workers’ compensation benefits against your own employer, and the intentional tort exception is narrow and difficult to satisfy. The more productive question is normally whether an outside company, such as the equipment manufacturer or a service contractor, shares responsibility.

Will suing the machine’s manufacturer cost me my workers’ compensation benefits?

No. Michigan law provides that accepting workers’ compensation benefits is not an election of remedies and does not bar an action against a liable third party. The claims proceed together, though the compensation carrier will typically assert a reimbursement interest in any third-party recovery.

What if the machine was old, or my employer modified it?

That does not automatically end a claim, but it changes the analysis. Substantial modifications by an employer can shift responsibility away from the manufacturer, while a design that invited or effectively required the modification can keep the manufacturer in the case. This is precisely why the equipment’s original configuration and service history need to be documented before anything else changes.

I work through a staffing agency. Does that change anything?

It can, significantly. Staffing arrangements raise questions about which company is your employer for exclusive-remedy purposes and which is a third party you may sue. The answer depends on the contracts and on how the work was actually controlled day to day, so the paperwork matters.

How quickly do I need to act?

Assume the window is shorter than you expect. Michigan’s general injury limitations period is three years under MCL 600.5805, workers’ compensation carries its own earlier notice and claim requirements, and claims involving public entities can carry much shorter notice deadlines. Separately, the electronic evidence from the machine may be gone within weeks regardless of how much time the law allows.

Injured by automated equipment in Michigan?

A conversation about your situation costs nothing.

Free consultation with Manny Chahal, no fee unless we recover, call 1-844-624-2425