Legal Question in Workers Comp in Michigan

Time Frames to appear in Court

I filed a workers compensation case against my employer 6/03 for Repetitive Strain Injury which happened 12/02. i was off work two months, had to go back to receive my 60 day notice of layoff 4/30/03 in order to preserve my cobra rights.i was in physical therapy, land and water and have just been released last week as it was not improving my condition. i have two herniated lumbar discs and continue to have pain and difficulty in daily activities. i have gone to see the IME 2 weeks ago. at the time of my injury in December 2002 i left my workplace telling my manager i was in severe pain in the lumbar region, he did not make me fill out a basic injury report but i did fill out a slip to request for time off from work which he signed to go to ER which i did. i was wondering the length of time it usually takes to get to court and if that time is when the decision will be made or does the insurance company try to settle before this happenes?


Asked on 10/12/03, 10:23 am

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

Re: Time Frames to appear in Court

My first question is why don't you ask your attorney these questions? Do you have an attorney? If not, you had better get an experienced workers comp attorney or else you most likely will be taken advantage of. As far as your questions, the comp department is fairly busy and there are not enough judges to hear all of the cases. Therefore, the time frame when the cases are heard is generally about one year from the date of filing. Even when you obtain a trial date, there will be many more before the case is heard. Then, you have to wait for the decision. The insurers use this delay to squeeze the injured worker into accepting less than otherwise might be the case. I have been practicing workers compensation law for 26 years and am a former adjunct member of the Workers Compensation Appeal Board so I know the area. Feel free to give me a call. Bill Stern 248-353-9400

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Answered on 10/12/03, 10:37 am


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