Michigan lawyer discusses how a seizure at work may or may not be covered under workers’ comp.
We have been representing injured employees for over 35 years. Most of our cases involve injuries to major joints like shoulders, knees, and hips from heavy physical labor. Unfortunately, we also see bad accidents that result in traumatic brain injuries and seizures. Here is what to know about a seizure at work and workers’ comp. Please in Michigan remember that every situation is different, so it is best to speak with an experienced workers’ comp lawyer about a specific set of facts.
Is a seizure at work covered by workers’ comp?
An employee who develops a seizure at work arising out of and in the course of employment should be covered under workers’ comp. They would have an entitlement to both medical treatment and lost wages. A doctor would need to establish medical causation and the facts would need to support it.
Not every injury that occurs while on the employer’s premises arises out of employment. Employees who have idiopathic seizures would not be covered under workers’ comp. This is when a person has an event but there is no work explanation for why it occurred. A classic example would be an individual who is sitting at his or her desk and has a seizure with no clear explanation for why it occurred.
An employee has the burden of proof to show. It is not necessary to exclude all possible explanations for the seizure, but facts must be presented that could reasonably support a work relationship. For example, if an employee suffered a head trauma and then later had a seizure.
Individuals who have epilepsy will have a difficult time proving causation unless they can point to a specific work-related trigger.
Can you be fired for having a seizure at work?
An employee who develops a seizure related to his or her job is entitled to workers’ comp benefits. They cannot be discriminated against or fired because of the exercise of this legal right. However, this does not mean the employer cannot fire an employee for any other valid reason.
Individuals who have a history of seizure might be prohibited from performing certain jobs. We see this in the trucking industry or when heavy machinery must be operated. Workers’ comp does not guarantee a job even if the seizure was considered to have arisen out of and in the course of employment. A federal law called the Family and Medical Leave Act (FMLA) might provide additional protection.
Have you suffered a seizure at work in Michigan and have question about workers’ comp? Contact our lawyers for a free consultation
If you had a seizure at work in Michigan and have questions about your workers’ comp claim call us now to speak to an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years and can help you better understand Michigan work injury laws and explain what happens if you or a loved one has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.