Michigan work injury lawyer explains what happens to medical and wage loss benefits after getting fired.
Workman’s comp is a safety net for employees who are hurt on-the-job. It pays for medical treatment and lost wages regardless of how the workplace accident happened. Even people who are clumsy or just careless should qualify for workers’ comp benefits. Unfortunately, it does not guarantee that a person keeps their job. Many of our clients get fired after days or weeks away from their employer. Can you collect workers’ comp after being fired in Michigan? Yes, but watch out for defenses like misconduct, intoxication, and fault.
Can you collect workers’ comp after being fired in Michigan?
Yes, you can collect workers’ comp after being fired in Michigan. Employees are entitled to workers’ comp regardless of their employment status. Benefits continue even after getting fired. Intentional and willful misconduct is a defense. Intoxication can be used to deny payments. Termination from reasonable employment based upon employee fault can also be used to dispute.
Can you collect workers’ comp after being fired based upon misconduct?
Intentional and willful misconduct has been distinguished from negligent and even grossly negligent acts. The Michigan Supreme Court has said the WDCA bars an employee from collecting benefits for misconduct that is both (1) intentional, i.e., deliberate or nonaccidental, and (2) willful, i.e., obstinately, or perversely opposed to the employer’s will. An employer’s work rule must be clearly established and consistently enforced in order for the employee to understand the mandatory nature of the rule and for its violation to constitute intentional and willful misconduct. This is a difficult burden for any employer or insurance company.
Can you collect workers’ comp after being fired based upon drugs or alcohol?
Intoxication at the time of the accident can be used to dispute work injury benefits. An employee who simply fails a drug test will not automatically be disqualified for payments. Employees who are fired for failing a drug test, when there is a strictly enforced policy, can find their claim disputed.
Employees are frequently given jobs within their restrictions. They are paid a salary for this “reasonable employment” instead of lost wages under workman’s comp. This is sometimes called light duty. Employees who lose their job because of their own fault while performing light duty work might not be able to collect future lost wages.
The key point
The key point to remember is that you can collect workers’ comp after being fired in Michigan but only if there was no intentional and willful misconduct that resulted in the employee getting hurt. Intoxication must not have played a role in the workplace accident. Finally, an employee who loses reasonable employment because of their own fault might not qualify for lost wages. We recommend speaking with an experienced workers’ comp lawyer should an employee find their workers’ comp benefits disputed.
Injured while on-the-job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and were fired and have questions on if you can collect workers’ comp, call us now, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone 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.