Legal Question in Workers Comp in Michigan

Fired for having to take extended leave for torn back ligaments

Hello,

I am a reception who works in Detroit, MI at a small Big-Three parts supplier. Recently, in an off-work activity (weekly softball game), I became seriously injured and was taken to the hospital.

After extensive testing, including an MRI, the doctors have diagnosed me with several severe torn ligaments in my back. The gel between the muscle and ligaments is leaking out causing unbearable pain. I am currently receiving epiderals t o help reduce the pain (I am still in the hospital, it has been appproximately a week).

I am scheduled to leave the hospital in a few days, but the doctor says I cannot return to work and am to be on full bed rest.

My question is, can my employer fire me? We got along well before this, now it seems that he is looking for someone to replace me. I told him I can provide all the information on my hospital stays, doctors orders, etc., but he was unresponsive.

Does every worker automatically have some sort of short-term disability they can make use of? If am fired, is there just -cause to take legal action.

Thank you,


Asked on 7/20/03, 3:53 pm

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

Re: Fired for having to take extended leave for torn back ligaments

I'm going to be very blunt. Unless you have a contract (such as UAW workers) that prevents an employer from replacing you, you have no rights in the event that you are injured in a non-work related activity. Job security is the primary reason people unionize. When you hear people saying they don't need unions, etc., they are idiots. I wish you the best as it sounds like you have a bad injury. Bill Stern 248-353-9400

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Answered on 7/20/03, 10:05 pm


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