Legal Question in Personal Injury in Michigan
lack of proper accomodation resulting in back injury
I have been out of work since the end of september due to a back injury that initially began causing me pain while at my job. I am forced to stand at my position and my posture is very poor because I have to stoop over to view my computer screen. i had requested on several occasions for accomodations to be made so that I would not have to continue stooping to avoid back problems and was told that no accomodations would be made. My last day of work was September 28th and after the fact, the employer decided to accomodate the situation by raising my computer screen although it was too late. now a nuerosurgeon is recommending surgery which is going to keep me out of work for several more months. I am being compensated by a short-term disability currently because I did not file a workers compensation claim. My question is can I still file for workers compensation and do you think I may have a possible lawsuit because doctors have indicated that this injury may have been caused by stooping continuously?
1 Answer from Attorneys
Re: lack of proper accomodation resulting in back injury
You can and should file a workers compensation claim. According to MCL 418.301 (1) An employee who receives a personal injury arising out of and in the course of employment by an employer who is subject to this act at the time of the injury shall be paid compensation as provided in this act.