Workers compensation lawyer in Michigan explains what happens if you are laid off or fired while on restrictions.
The toughest part of my job is seeing bad things happen to good people. Unfortunately, this seems to be common in the workers compensation system. Here is a situation that happened just this week.
A nice woman called our office and explained how she was laid off while on restrictions. Apparently, her company went bankrupt and was purchased by a new company that wanted to get rid of all the injured employees.
She was not given any wage loss benefits and told to hit the road. Here is some information about her workers compensation rights.
Laid off while on restrictions
Many employers bring injured employees back to work with restrictions. This is called favored work or reasonable employment. Failure to accept this job will result in a forfeiture of wage loss benefits.
The employer provides this restricted work instead of paying lost wages. This work should be within an employee?s ability to perform and a reasonable distance from their home.
If an injured employee loses her job for whatever reason during the first 100 weeks, wage loss benefits should automatically re-start under workers compensation.
If an employee loses her job after 100 weeks, wage loss benefits can still be paid under certain circumstances. It will depend if the employee has established a new wage earning capacity.
If?you find yourself in this situation, call an experienced workers comp lawyer immediately. Even if your company files for bankruptcy, there are still options!
Fired for fault
Some employers try to escape paying lost wages by making up a pretext to fire you. If you are fired for your own fault, it will be claimed that you removed yourself from the labor market and should not receive benefits.
We all know that employers can find any excuse to fire someone. It is important to challenge these bad actions and hold the employer accountable. You may even have an additional case for wrongful termination or retaliation.
Where to turn for help
Never tackle these issues by yourself because the deck is stacked against you. Employers and insurance companies have lawyers on their side.
You owe it to yourself to speak with an experienced workers compensation lawyer. You will not be charged for the initial consultation and the free advice could make a huge impact on your potential case.
Call (855) 221-COMP to speak with one of our workers compensation lawyers in Michigan.
- Alex Berman is the founder of Michigan Workers Comp Lawyers. He?s been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.
Related information:
Video: Injured at work? Advice from a Michigan workers comp lawyer
- Photo courtesy of Creative Commons, by groundswell.
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