Legal Question in Workers Comp in Michigan
Mom's having trouble getting Workers' Comp.''
My mother slipped and fell at work a few months ago and has trouble with her knee every sense. She is employed with a direct care home servicing the mentally retarded. She went to company physician who told her she would need physical therapy. But sense her employee health plan did not cover the therapy she was not allowed it. She drives the company van transporting the residents to and from workshops, dr. apts. etc., however the van does not have a running board, therefore mom has been climbing, and pulling herself up into the van. On several occasions she has requested something be done to correct this matter but no luck so far. And what has happened because of the lack of a running boaard she has sprained her arms and shoulders. She's in her early 60's and is very heavy set. She went to her own physican who told her not to return to work until further notice and is now walking with a cain, and must literally crawl up her stairs at home in order to prevent pain from using the rails to hold her self up while going up the stairs. She was told by her boss that because the home did not have any money they would do nothing for her. And workmans comp was out of the question. Is there help for her?
2 Answers from Attorneys
Re: Mom's having trouble getting Workers' Comp.''
We assume this happened in Michigan. Her exclusive remedy is Workers Compensation except if she fell due to contractor's negligence i.e.(failure of contractor to remove snow and ice from a parking lot). She should apply for workers compensation immediately. That insurance should cover her needed therapy.
If she fell while getting out of the van then she may have a claim under the van's auto insurance carrier for PIP/no fault benefits.
We really need more information about the fall to determine what rights/benefits your mother is entitled.
You can contact our office toll free at (800) 209-4000.
Re: Mom's having trouble getting Workers' Comp.''
She should definitely file a workers compensation petition utilizing an experienced workers comp attorney. I have been doing comp for 26 years and was a former adjunct member of the Workers Compensation Appeal Board. Bill Stern 248-353-9400
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