Legal Question in Workers Comp in Michigan

Worker's Comp. and FMLA.

Hello,

In a nut-shell, I injured my knee at work in Oct. 2004, and have been covered by worker's comp. for periods of unemployment and medical care.

Currently, my employer has told me that they do not have the work to accomodate my restriction, and that I will be off until such work is available.

They charged my sick time (32 hours) to me, and paid me for it. This knocked me out of any attendance bonus, as I have worked every scheduled day sine Oct. 31, 2005. Now when I return, I will be charged for any time off.

They suggested I use my vacation hours, also (48 hours), but I refused.

And, they are putting me on Family Medical Leave Act (FMLA). The worker's comp. carrier does not require this. Why does my employer?

I have a 84 year old parent, and a brother that may need surgery with a immobilizing recovery, so I wanted to save the FMLA time in case of emergency's.

My employer isgiving me no choice but to be on FMLA. Why is that?

Ray Williams


Asked on 8/06/06, 10:28 am

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

Re: Worker's Comp. and FMLA.

You have to file a petition for workers comp. It is much better to go through a lawyer experienced in comp. It sounds like they are trying to phase you out. It might be a good case to resolve. I am experienced in workers comp (30 years) and a former adjunct member of the Workers Compensation Appeal Board. William S. Stern

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Answered on 8/06/06, 6:05 pm


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