Can I Be Fired While On Workers’ Comp In Michigan?

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Can I Be Fired While on Workers' Comp?

Michigan lawyer explains why you can be fired while on workers’ comp and important exceptions to know about.

Many of our Michigan clients want to know the answer to the question: “can I be fired while on workers’ comp?” They are concerned about losing seniority, pension contributions, group health insurance, and other fringe benefits. Who else will hire them if they are stuck with permanent disability?
It is an understatement to say that a workplace injury can present challenges. This is especially true when an entire family is relying upon you for support. Here is some information about protecting legal rights when terminated from the job.

Workers’ comp is not a perfect system, and it can be downright unfair. It is a compromise of employee and employer interests. Employees hurt on-the-job are guaranteed medical treatment, lost wages, and vocational rehabilitation if needed. In exchange, employers receive immunity from civil lawsuits and do not have to pay additional damages for their negligence.

Many employers will keep a job open for a period of several months but will eventually need to fill the position. This is common if work restrictions prevent an employee from returning for an extended period. There is nothing in the workers’ comp law that guarantees future employment. However, employers must continue paying wage loss benefits while disability is ongoing.

Employees who are fired while on workers’ comp in Michigan are entitled to have the value of discontinued fringe benefits included in their weekly comp rate. Items like health and accident insurance, housing/food/travel allowance, pension contributions, and even sometimes vacation pay can be factored into this calculation. This will add significant value to a workers’ comp claim, but it cannot make weekly benefits exceed two-thirds of the state average weekly wage.

Can I be fired while on workers’ comp in Michigan?

In Michigan, you can be fired while on workers’ comp as there is nothing in the law that protects your employment, however, your employer cannot fire you in retaliation for making workers’ compensation claims. This is against the law, and you can get damages beyond workers’ compensation benefits.

This can be triggered by simply asking for medical or wage loss under workers’ comp. Watch out for employers who make up phony reasons that are used as a pretext to stop employment. It is possible to sue for wrongful termination under these circumstances.

Your employer may also have other legal obligations under the Family and Medical Leave Act (FMLA). This is a federal law that protects some employees with health problems. It provides up to 12 weeks of unpaid leave. Firing someone in violation of FMLA could lead to a separate employment lawsuit with additional damages.

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.

It is also possible for a disabled employee to be covered from being fired while on workers’ comp in Michigan under an employment or union contract. This may provide additional rights that are not given under workers’ comp law. Filing a union grievance can help protect employment status. It is important to speak with an experienced attorney when faced with this situation.

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 workman’s comp benefits 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 on the job in Michigan and need help with your claim? Our attorneys can help!

If you have questions about being fired while on workers’ comp in Michigan, call now speak with an experienced workers’ comp 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. Our attorneys can help you better understand Michigan 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) 201-9497 for a free consultation today.

Related information:

What Does A Workers’ Comp Lawyer Do?

Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.