Legal Question in Workers Comp in Michigan

Laid off of work with herniated disc in lower back

About 3 months back I was laid off of work. A month before I was laid off I injured my lower back (herniated disc) at work and was forced to take a week off. My doctor then instructed me to start going to physical therapy for my back. About half way through my therapy sessions I was laid off of from my company without any reason of why they picked me. I had seniority over many of the other employees and much more experience as well. They didn't seem to sympathetic about laying me off while my back was still messed up. To this day I am still not 100% and still have bad days with my back. Was it legal for them to lay me off while I was using workers compensation to pay for my therapy? Should I persue legal action and if so, what should I expect if I do persue legal action?


Asked on 12/05/06, 12:41 am

1 Answer from Attorneys

William Stern William Stern, P.C.

Re: Laid off of work with herniated disc in lower back

the company can lay you off while you are on workers' comp. It does not relieve them of their responsibility to pay your weekly comp benefits or to pay for your medical treatment. They are prevented from laying you off in retaliation for filing a workers' comp case but this is extremely difficult to prove. William S. Stern

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Answered on 12/05/06, 8:14 am


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