Michigan attorney talks about recent Court of Appeals decision and why you cannot be fired for claiming workers comp benefits.
Many people who call our office are having trouble getting their employers to pay workers comp. Reasons for this behavior vary but it almost always comes down to money.
Employers don’t want to make a claim for workers comp benefits because it can trigger the payment of a large deductible or increase premiums.
Some employers take it so far that they will actually fire or retaliate against an employee who seeks benefits. This is illegal and you should know your legal rights if injured at work.
Michigan law prohibits an employer from firing or in any way discriminating against an employee who exercises a right under workers comp. This includes unfair performance reviews, harassment, changes to job duties, demotion, salary reduction, negative references, and unwarranted disciplinary action.
A recent decision from the Court of Appeals found that simply asking for medical treatment is enough to trigger this protection. The intent is to stop employers from circumventing the law by firing an employee before he or she has a chance to start a formal workers comp case.
So what does this mean for you?
If you believe that you were fired or discriminated against because you asked for workers comp, you could have a substantial case against your employer.
You can protect yourself by documenting everything. Keep track of important dates and times. Don’t give your employer an excuse to get rid of you.
Watch out for employers who refuse to make a claim with the insurance company. You should receive a formal Notice of Dispute if benefits are not going to be paid.
Where to turn for help
You should call a workers comp attorney after any injury at work. You might not even realize that you are missing out on substantial benefits.
Call (855) 221-2667 for a free consultation with one of our Michigan workers comp attorneys. There is no charge unless benefits are recovered for you.
– Alex Berman is the founder of the law firm. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers comp benefits and never charges a fee to evaluate a case.