Michigan Worker's Compensation - Help For Injured Michigan Workers

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  1. #1
    Join Date
    Jan 2010
    Location
    Michigan
    Posts
    2

    Default Injured in an On-the-Job Car Accident

    I was in a car accident in Dec 08. I had severe internal injuries and a knee injury that wasnt diagnosed for 12 weeks after the accident. The internal injuries healed, however the knee has not. I returned to work for 6 weeks in June, and then had surgery in late July on the knee. The knee is unfixable, and I cannot kneel, jump, squat, etc. The doctor released me for full duty in late November, as I had reached MMI. I reported back to work, and they laid me off the same day as I was released for full duty. Then he ordered a functional capacity test, that listed several limitations as to what I cannot do, such as kneel, crouch, crawl, etc. I build commercial buildings, and a large part of my job is doing the above items. He revised my return to work with limitations... now what? Should I be getting workers comp? or drawing unemployment? I do have an attorney for the auto accident, but not for the workers comp. However, I am in the process of getting one to review the proceedings. I also applied for SSDI, but I am sure I wont get that. I am not disabled, I just wont be able to return to my former job I dont think. Is workers comp still responsible for any pay difference since I have permanent restrictions?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Injured in Dec 08 in an on the Job Car Accident

    Generic answer... probably.
    Most if not all of your questions are legal in nature, and specific to your claim.
    You should definately have an atty handling the comp claim, as the PI/MVA atty is not interested in that outcome. Once the MVA/3rd party claims settles, your ER/IC is entitled to reimbursement of benefits they have provided....if you receive money for future medical in the MVA claim...the WC carrier will take a credit...meaning you will be entitled to further medical treatment, but 1) they will take an up front payment, or 2) won't pay any bills until you have paid that amount, or 3) pay a portion and you pay a portion of the bills until the credit amount is exhausted.
    3rd party medical ends at some point, WC medical is usually for 'life' or as long as there is medical necessity. Or you cash out the benefits by lump sum. You need a comp atty to negotiate the subrogation, and allocations in any 3rd party settlement, and/or IF there is a settlement to the comp claim. Because you no longer work for that ER, or can return to your pre injury job does not close out the benefits in your WC claim.

    As you can see, there are more issues here than wage differential under the comp coverage.

    In the MVA case, you are able to recover past/future lost wages, pain and suffering, punitive damages etc, not so in WC. \

    The WC atty should be able to answer the wage loss issues based on the facts in your claim... message board answers are generic at best and may or may not be relative to your situation.

  3. #3
    Join Date
    Jan 2010
    Posts
    1

    Default Re: Injured in Dec 08 in an on the Job Car Accident

    You need to get an attorney. You may fall under the law in Michigan that says if you lose your job, layoff or fired, within 100 weeks of returning to work then your benefits are restored. You may have to get an attorney and go to court but that is Michigan law. It doesn't matter the reason as long it is within 100 weeks of going back to work.

    My employer terminated me at 96 weeks and my benefits were restored by the wc judge because they screwed up and fired me 4 weeks before the time period passed. It doesn't matter that you have been released for work just as I have been released for work with restrictions. Go to the Mich WC website or just google- Michigan 100 week work compensation rule.

    The 100 Week Rule
    The “100 week rule” comes from Section 301(5)(e) of the Workers Disability Compensation Act:

    "If an employee, after having been employed pursuant to this subsection for less than 100 weeks loses he or her job for whatever reason, the employee shall receive compensation based upon his or her wage at the original date of injury."

    What it means is that if employee who has sustained a work related injury and who has returned to “reasonable employment” stops working “for whatever reason”, then that employee is entitled to continued wage loss benefits.

    So if someone is hurt at work and then comes back to restricted-reasonable work, and works in a restricted capacity less than 100 weeks (2 years), that person is entitled to wage loss benefits when they stop working. The employee needs to be under restrictions when they stop working. The employee is paid wage loss benefits based on the original date of injury. Further, the employee is entitiled to the accelerated, "60 day" status on his or her petition. "60 day" status only means that the petition gets higher priority than other petitions.
    Last edited by Dan-o; 01-11-2010 at 07:27 PM. Reason: new information

  4. #4
    Join Date
    Jan 2010
    Location
    Michigan
    Posts
    2

    Default Re: Injured in Dec 08 in an on the Job Car Accident

    We did consult with an attorney, and they stated that due to the economic situation in Michigan, we dont have a chance to get workers comp. I am going to call one of the ones that advertise on tv. I am an insurance agent, and I know the law, yet the lawyers say thet there are "court cases" that show we wont win. I am not giving up . My husband now cant kneel, crawl, lift much from the floor, squat, but they say he is fine. His employer will call him back absolutely last now... and he will be the first laid off every time. I refuse to get screwed again!

  5. #5
    Join Date
    Feb 2007
    Posts
    36

    Default Re: Injured in Dec 08 in an on the Job Car Accident

    [QUOTE=BvIA;132479]Generic answer... probably.
    Most if not all of your questions are legal in nature, and specific to your claim.
    You should definately have an atty handling the comp claim, as the PI/MVA atty is not interested in that outcome. Once the MVA/3rd party claims settles, your ER/IC is entitled to reimbursement of benefits they have provided....if you receive money for future medical in the MVA claim...the WC carrier will take a credit...meaning you will be entitled to further medical treatment, but 1) they will take an up front payment, or 2) won't pay any bills until you have paid that amount, or 3) pay a portion and you pay a portion of the bills until the credit amount is exhausted.
    3rd party medical ends at some point, WC medical is usually for 'life' or as long as there is medical necessity. Or you cash out the benefits by lump sum. You need a comp atty to negotiate the subrogation, and allocations in any 3rd party settlement, and/or IF there is a settlement to the comp claim. Because you no longer work for that ER, or can return to your pre injury job does not close out the benefits in your WC claim.

    As you can see, there are more issues here than wage differential under the comp coverage.

    In the MVA case, you are able to recover past/future lost wages, pain and suffering, punitive damages etc, not so in WC. \

    The WC atty should be able to answer the wage loss issues based on the facts in your claim... message board answers are generic at best and may or may not be relative to your situation.[/QUOTE

    Vehicle ins does not pay for lost wages indefinately, only for 3 yrs, and no pain and suffering or punitive damages because work comp is involved. If someone hit u, u can go after them, but if u just had an accident in a company vehicle, there is no one to go after. I dont see a third party involved here. Would need more information.I am going through this as i was working as a paramedic and my ambulance flipped over. I have been dealing with this for 7 yrs. I get both the vehicle ins, and work comp. It gets very complicated as to who pays for what and how much and when. You need a good attorney that can handle both the vehicle ins, and work comp.
    Last edited by medic1; 04-09-2010 at 12:33 PM.

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