Legal Question in Workers Comp in Michigan

Can a company and workmans comp ''work together''?

I have had a claim with workmans comp. for 5 mos. and have been on restrictions since 8/27. I have just been sent home(not fired)because my employer cannot ''run a business'' with someone who cannot make rate. I know of at least 3 people (1 doing the same job I do because of restrictions) who are still there and are not making rate. I have to be off work at least 7 days before W.C. will pay me and I have been brought back after 1 day off and then sent home again. So it's almost like my employer and W.C. are working together so neither has to pay me for my time off. My employer doesnt pay and I cant seem to stay off for 7 full days for W.C. to pay me. Can they do that? I have to make a living and am going in debt because I cant seem to get 40 hrs a week paycheck.


Asked on 9/18/02, 9:35 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Can a company and workmans comp ''work together''?

If you keep track of the number of times this has happened, perhaps you can allege a constructive discharge. However, it sounds like you'll be back to work soon enough to make it economically infeasible. Bill Stern

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Answered on 9/18/02, 8:13 pm


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