Legal Question in Workers Comp in Michigan
automatically penalize workers for job-related injuries?
Where can I find out the legalities of a common occurence at my place of employment? I work for an a large company that is union represented. If you receive a work-related injury, you are automatically penalized (without pay) for the balance of the shift and one week for ''unsafe work practices.'' The union will not represent the injured worker, stating ''safety penalties are non-grievable.'' The company will send you to its doctor(s) of choice, but refuses to pay for your time to go to that doctor unless you are scheduled to work during the appointment. Therefore, though the company will pay for the medical expenses incurred during your penalty time, they prohibit you from working and will not compensate your injury-related time. Is this legal? Can a company withhold your pay (especially if you can work, but have been suspended)? Can a union refuse to represent a dues-paying member for a penalty? There are many employees hiding injuries, as they do not want to lose a week's (or more) pay for a cut or bruise or sprain. Most fear simply reporting injuries will result in loss of employment altogether. Information???? Please? Thank you.
1 Answer from Attorneys
Re: automatically penalize workers for job-related injuries?
Union issues are governed by union rules, but if you think a civil rights violation has occurred, contact local counsel. I don't get how requiring you to go home when you've been injured is "penalizing you" so much as making sure injured workers don't try to suck it up and keep working when they shouldn't.
STILL, if you are written up for unsafe work practices simply BECAUSE you were injured, that sounds like a serious employment rights issue that would be fodder for a class action. More than likely, it is a question that would have been litigated before in at least one state, so contact an expert to research the question for you. It will be difficult to find without legal research skills, I suspect. The other possibility is to discreetly contact your state employment rights office, and ask if they can research the question or point you in the right direction. You can also try going to a public law library (find the best law school in your state, if possible) and ask whether they have employment law reporters for your state. Most big firms that handle plaintiff's side employment cases will also have these, but are not likely to allow you to use them.
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