Legal Question in Workers Comp in Michigan

workers comp

I was injured on the job in oct 1991, my employer kept sending me to the company clinic who kept telling nothing was wrong with me. After 8 years of company doctors I went to see my own. There was a lot of damage to my hip, I have had 5 surgerys since,2 on my elboe (RECONSTRUCTION)and three on my hip. I have been living in pain for 10 years now and I am getting ready to have another majior hip operation. The accident happened because my employer sent me on an assignment that I knew was unsafe, I told them about it before the accident and since I was part time and on probation if I did not do it then I would be unsubordinate and would be terminated. I amy never be able to hold a job again because of my injury. If I sue the company can they automatically fire me ? My problem is the company doctors who kept sending me back to work and my company for making me do an unsafe job. What are my options ? thank you


Asked on 8/02/02, 3:30 pm

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

Re: workers comp

You may be able to increase your rate, somewhat. I would have to know the details of how badly you are injured. With the present makeup of the Michigan courts, it is highly doubtful that you could sue your employer outside of workers compensation. To sue your employer, you would have to show that your employer knoew that you were going to be injured and that the employer actually intended for you to be injured......an almost impossible burden. The statute of limitations on any malpractice claim against the doctors ran many years ago. Sorry I don't have better news for you. Bill Stern

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Answered on 8/03/02, 7:45 am


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