Ask: The injury that occurred was the fault of my employer. Can I sue my employer for my pain and suffering?
Answer: In general, Michigan law prohibits employees from suing their employer for damages beyond the economic benefits provided by workers’ compensation. However, you may be able to take legal action against the manufacturer of a defective product or against a person (other than a co-worker) who caused the injury. If you have questions about your potential legal claims, you should speak with a Michigan workers’ compensation attorney.
Ask: I believe my injury resulted from a violation of my civil rights. Can I sue my employer in this situation?
Answer: Maybe you can. In workers’ compensation law, there are exceptions to the general rule that prevent an individual from seeking non-economic damages from an employer. One exception is a civil rights violation; another is an injury that results directly from an intentional act of the employer. If you think one of these exceptions applies to you, talk to a Michigan workers’ compensation attorney about your potential legal claims.
Ask: I was injured on my way to work. Am I eligible for workers’ compensation benefits?
Answer: Workers’ compensation generally does not apply to someone who commutes to and from the workplace. However, once a worker is on the employer’s property, workers’ compensation insurance may cover an injury.
It is important to note that employees who must travel to perform job duties are covered by workers’ compensation benefits if they are injured on the job. For example, a person who is injured and leaves the workplace to make a delivery or attend a meeting at another location may qualify for workers’ compensation, because the trip was an essential part of the person’s assigned job.
On the other hand, workers’ compensation may not cover an injury if the employee was hurt while taking extra travel to handle purely personal matters. If you have questions about coverage in this situation, talk to a Michigan workers’ compensation lawyer.
Ask: My coworker and I were joking around when I got injured. Do I still have the right to file a claim for workers’ compensation benefits?
Answer: Michigan courts traditionally recognize that employees may engage in a certain amount of “horse play.” In most cases, this would still qualify an individual for workers’ compensation benefits. However, each case must be assessed separately, depending on the specific circumstances. A worker who has committed serious willful or intentional misconduct may lose the right to workers’ compensation benefits.
Ask: My employer offered me a different type of job, but I feel it is below my pre-injury position. Do I have to accept the position?
Answer: Michigan workers’ compensation law requires injured employees to accept a position offered by their own employers (or other sources of employment), if the new job is within their qualifications and training, and any medical restrictions. When the new job pays less than the old position, the worker must receive partial wage loss benefits to cover part of the difference between the individual’s past and current earnings.
A worker seriously jeopardizes any claim for continued workers’ compensation benefits by turning down the offer of a job he or she can do. If you are not sure how to handle a job offer or if your employer requires you to actively look for another job, consult an attorney immediately.
Ask: What happens if I try to return to work at a job that is supposed to be within my medical restrictions, but I am unable to perform the job duties?
Answer: Under the law, you should be able to get benefits again. However, his employer may question whether he made a real effort to return to work. If this happens, and you truly are unable to work, you should speak to a Michigan workers’ compensation attorney immediately.
Ask: Can I choose my own doctor when I am receiving treatment for my work-related injury?
Answer: During the first 10 days after a work-related injury, the employer has the right to choose the treating doctor. However, after 10 days, the law allows you to select your own doctor and other health care providers, as long as you select qualified medical professionals and notify your employer of your intentions.
If you or a loved one has suffered a workplace injury, it is important to speak with a Michigan workers’ compensation lawyer who is experienced in Michigan workers’ compensation law.