Legal Question in Workers Comp in Michigan

Re: Injured on job site

Workers compensation only pays wage loss benefits when the worker suffers a wage loss. In your husband's case, there is no wage loss so no wage loss benefits will be paid. There is no recovery at all for pain and suffering. As far as getting his medical paid for, maybe if the treating cardiologist will link it up to the job incident. The trouble you may have is with notice to the employer. That could be a major hurdle, especially if the employer to this day has no knowledge of the incident. I assume health insurance has paid for the treatment. If Your husband got the medical paid for, it would simply be repaid to the health insurer. If your husband retires now, he could attempt to get wage loss benefits by filing a petition utilizing an experienced workers comp attorney. However, the notice requirements could be a major problem. Also, if he gets a pension paid for by the employer, for every dollar he gets from his pension there will be a dollar deducted from his workers comp rate. Therefore, as a retiree, he may not get much workers comp. If your husband sued the manufacturer of the robot, he may be precluded from receiving a recovery due to the concept of comparative negligence. If the jury would find him more than 50% at fault for not shutting everything off prior to entering the booth, he would be precluded from receiving a recovery. If you have further questions, feel free to email me or write me or call me at 248-353-9400. Bill Stern