Legal Question in Workers Comp in Michigan
Wrongfull death/against employer
My first husband was at work,went to the medical dept.because he did not feel well, they took a EKG of him, sent him home and told him if he did not feel better on Monday, see his family doctor. I barried him on that Monday, he went into caradic arrest that night. I have a copy of ekg, it states right on it. Abnormal. How long do I have to file this calm? I just was able to locate the ekg.
3 Answers from Attorneys
Re: Wrongfull death/against employer
We regret the very unfortunate nature of your question. Please note that you may wish to consider both a claim under the workers compensation laws (which generally applies a 2-year statute of limitations) and a claim for medical negligence for any possible errors committed by the medical department for their role in this situation. Medical malpractice claims are also generally barred if not brought within 2 years. If a deadline is approaching, please consult with an attorney promptly.
Re: Wrongfull death/against employer
You may be limited to filing a workers compensation case. If the plant doctor was an employee of the company, then you may not be able to sue the doctor directly. You r exclusive remedy may be workers compensation. You generally have 2 years to file such a claim. However, there are circumstances where attorneys have been successful in extending the statute of limitataions. The best advice I can give you is to see a workers compensation attorney immediately.
Re: Wrongfull death/against employer
Your post is very limited in details. However, as a general rule you have two years to file a workman compensation claim (except some situation). You really should speak to a lawyer and be ready to give more details as to the circumstances of the events which lead to your husbands death.
Nima Taradji