Can A Person Be Laid Off While On Workers’ Comp In Michigan?

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Can A Person Be Laid Off While On Workers' Comp In Michigan

Employees who are hurt on-the-job are protected under workers’ comp law. Problems occur when the employer or insurance company refuses to pay. This frequently happens when an employee gets fired or laid off while on workers’ comp in Michigan.

Can a person be laid off while on workers’ comp and have their job protected?

In Michigan, a person can be laid off while on workers’ comp and the employer does not have to offer a job within restrictions and there is no job protection. However, workers’ comp benefits should still be paid.

Employers are given a powerful incentive to bring people back to work. They do not have to pay any lost wages if they offer a job within an employee’s restrictions. This is called “reasonable employment. Unfortunately, some employers play games and offer jobs that are outside restrictions or just downright demeaning. The goal is to have an employee quit and forfeit his or her lost wages. We tell our clients to never to quit and let the employer lay them off instead.

Sometimes an employer will use fault to justify a termination. Bad employers try to escape paying lost wages by making up a pretext to fire someone. If an employee is fired or laid off because of their own actions, it will be argued that no workers’ comp lost wages are owed because they removed themselves from the job. This is common when someone fails a drug test. It is very important to speak with an experienced workman’s comp attorney should this occur.

How are lost wages paid if someone is laid off for an extended period of time?

If less than 100 weeks of employment have been worked, lost wages should be paid based upon the original average weekly wage when the accident occurred.

If between 100 weeks and 250 weeks, it will be up to a magistrate to determine if an employee has established a new wage earning capacity.

If the employee is laid off after 250 weeks of reasonable employment, there is a presumption of a new wage earning capacity, and payment of lost wages is in doubt.

Insurance companies also use post-injury wage earning capacity to reduce what needs to be paid. This is based upon jobs that are potentially available but not offered. It is recommended that you speak with an attorney should this occur.

Can a person be laid off while on workers’ comp and still receive payment for medical treatment?

Getting laid off while on workers’ comp in Michigan does not excuse the payment of medical treatment. Medical treatment should be paid 100% regardless of employment status.

Employees who are disabled should also get lost wages equal to 80% of their after-tax average weekly wage. This is calculated using the highest 39 paid weeks out of the 52 weeks before getting hurt. Overtime, discontinued fringe benefits, and even second jobs that cannot be performed anymore should be included.

Watch out for employers who fire someone in retaliation for claiming workers’ comp. This is illegal and can give rise to a civil lawsuit.

Contact our workman’s comp lawyers for a free consultation

If you were laid off while on workers’ comp in Michigan and your benefits have stopped call now If you were laid off while on workers’ comp in Michigan and your benefits have stopped call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced workers’ comp lawyer. There is absolutely no cost or obligation. We’re here for you.

For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.

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.

Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.

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 40 years. Call (855) 221-2667 for a free consultation today.

Related information:

How Much Does Workers’ Comp Pay For An On The Job Injury?

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.