Legal Question in Workers Comp in Michigan

Can I be terminated while on WC

I sustained a torn rotator cuff injury for which I will begin PT this Tuesday. The doctors have already told me they are thinking of recommending me for disability for the 8 weeks of therapy. I spoke to a lawyer - neighbor - and he said that in our work at will state, they can fire me even while on disabliity. Is that true? How can I not be protected when I have a legitimate injury that happened while working for them?

Is it completely up to my doctor as to how long I'm out of work or do I have to be evaluated by a company paid doctor? Believe me, I will do nothing unethical in any aspect of my life but Michigan has the highest unemployment rate in the US and finding another job, given what I do for a living, will be next to impossible in this state. I'm afraid of losing my house, etc. I

'm very afraid, very afraid, since hearing that today.


Asked on 4/05/08, 4:18 pm

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

Re: Can I be terminated while on WC

Your neighbor is correct. While it is illegal to fire someone for filing a workers comp case, it is not illegal to fire them because the employer needs someone to take the place of the employee. However, they should pay your workers comp as long as your doctor emphatically states that the torn rotator cuff is work related. Of course, comp doesn't pay as much as your wages. William S. Stern

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Answered on 4/05/08, 5:36 pm


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