Legal Question in Workers Comp in Michigan
How long do I have?!?
To whom it may concern: I write this question because I'm a very terrified and upset girlfriend. Two and a half years ago my boyfriend Aaron fell through a forty foot roof while on the job in Michigan. There was no safety equipment to keep him from smacking into the cement ground that lay below and as a result Aaron broke his pelvis in four places, shattered his right ankle to pieces and also broke his right shoulder blades. Since then he's had three surgeries, one to place metal plates in his pelvis, shoulder and also some pins and wires in his ankle. My question is this, how long does someone have to try to get some compensation for the injuries he endured two years ago. To this day Aaron is still receiving medical bills totaling a hefty amount (which should have already been paid because we had taken them to the employer several times), still taking medications and still in a great deal of pain. Please write me back as soon as possible. Thank you. --name removed--A--name removed--
2 Answers from Attorneys
Re: How long do I have?!?
Your boyfriend has two years from the date of his injury to file a claim. I can't tell from your inquiry whether a claim was filed and the employer is not paying or whether a claim was never filed at all. If a claim was filed and the employer has paid wages and/or medical bills at some time, your boyfriend can collect, but will be limited to the previous 1 year expenses and losses.
In addition to his worker's compensation claim, your boyfriend may also have a claim against a third party, such as a general contractor. Your boyfriend may be entitled to collect for his pain and suffering from that third party. There are several rules and regulations pertaining to fall protection while working more than 9 feet above ground. However, I need additional details before I can tell you whether your boyfriend has a claim. Attorneys in our office specialize in workers compensation and personal injury, incluing construction accidents. I would be happy to discuss this matter with you in greater detail. You can contact me at(800)976-5636 or (248)737-5544. Shannon L. Wirth, Esq.
Re: How long do I have?!?
To file a worker's comp claim, one has two years from either the date of injury or the last date of employment with the employer against whom the claim is made against (in the case he did favored work after the accident). MCL 418.381(1). He may have a claim against the employer as well, but if the employer had worker's comp insurance, and most do, it's tough if not impossible to sue the employer.
If the employer did not have insurance, then a claim in negligence must be filed no later than 3 years after the accident. From the tone of your inquiry, it sounds as if your friend is not getting any benefits at all, which seems unlikely if there is worker's comp insurance.
You may contact me directly to discuss this in detail. My direct line is 734/544-7676.
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