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 40 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 convulsive episodes. Here is what to know about a seizure at work and workers’ comp in Michigan. Please remember that every situation is different, so it is best to speak with an experienced attorney about a specific set of facts.
Is a seizure at work covered by workers’ comp in Michigan?
In Michigan, if 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 explanation for why it occurred on the job. A classic example would be an individual who is sitting at his or her desk and has an episode 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 convulsive episoded, 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 an episode.
Individuals who have epilepsy will have a difficult time proving causation unless they can point to a specific work-related trigger.
When a seizure at work might be covered by workers' comp in Michigan?
In Michigan, a seizure at work may be covered by workers’ comp if it is directly caused or significantly aggravated by work conditions. Simply experiencing a convulsive episode while on the job is not automatically compensable; there must be a connection between the episode or resulting injury and employment activities. Coverage can also apply if the convulsive episode leads to secondary injuries—for example, a fall or impact with machinery—that occur because the job environment increased the risk of harm. To qualify, the incident should be promptly reported to the employer, and medical documentation should establish the relationship between the job and the episode or related injuries. Claims involving pre-existing conditions, like epilepsy, are only eligible if work aggravated the underlying condition. Consulting an experienced and specialized attorney can help navigate claims, especially in cases where causation or coverage is disputed.
When a seizure at work might not be covered by workers's comp in Michigan?
In Michigan, a seizure at work may not be covered by workers’ comp if it is unrelated to the job or caused by a pre-existing medical condition that employment did not aggravate or trigger. Coverage generally requires a direct connection between the event or resulting injuries and job duties, so episodes that occur due to personal health factors or during activities outside the scope of employment are typically not compensable. Additionally, failing to report the incident promptly can result in a denied claim. However, even if the convulsive episode itself is not covered, injuries that occur as a result of the episode in a job-related context—such as a fall or impact with equipment—may still qualify for work injury benefits.
What to do after experiencing a seizure at work to protect your Michigan workers’ comp claim
If you experience a seizure at work in Michigan, taking prompt and careful action can help support a successful workers’ comp claim. It is important to seek immediate medical attention and ensure that all treatment and any resulting injuries are documented by a healthcare professional. Notify your employer as soon as possible about the incident, including details about the incident and any injuries sustained. Keeping a clear record of the event, medical reports, and witness accounts can strengthen your claim. While convulsive episodes caused solely by pre-existing medical conditions may not be covered, injuries resulting from an episode in a job-related context—such as a fall or impact with equipment—can still qualify for workers’ compensation benefits. Consulting an experienced and specialized Michigan workers' comp lawyer can help ensure your seizure at work claim is handled correctly and maximize the potential for coverage. We will explain each of these steps in more detail below to help guide you through the process.
Seek immediate medical attention
After experiencing a seizure at work in Michigan, seeking immediate medical attention is a critical first step for both your health and a successful workers’ comp claim. Prompt evaluation by a healthcare professional ensures that any injuries resulting from the incident—such as cuts, bruises, or fractures—are properly documented. This documentation is essential, as workers’ compensation claims rely on medical evidence to establish the connection between the incident and your workplace. Even if the episode seems minor, a thorough medical assessment can identify complications that might not be immediately apparent and provides a clear record for your claim.
When receiving medical care, make sure to inform the healthcare provider that the episode occurred on the job and describe the circumstances, including any injuries or hazards involved. After a seizure at work make sure to keep copies of all medical reports, test results, and treatment notes, as these records will serve as key evidence in supporting your Michigan workers' comp claim. Immediate medical attention also demonstrates that you acted responsibly and mitigated potential risks, which can strengthen your case if the insurance company questions the severity or work-related nature of the incident. Taking these steps promptly helps protect both your health and your right to workers’ compensation benefits.
Notify your employer
Notifying your employer promptly after a seizure at work in Michigan is an essential step in protecting your workers’ comp claim. You should report the incident as soon as possible, ideally in writing, describing what happened, any injuries sustained, and the circumstances surrounding the incident. Prompt notification ensures that your employer can take appropriate steps to address workplace safety and initiates the formal workers’ compensation process. Delays in reporting can create disputes about whether the episode or resulting injuries occurred at work, which may jeopardize your claim.
When notifying your employer, be factual and detailed, including the time, location, and any contributing job conditions. If there were witnesses, note their names, as their accounts may support your claim. Maintaining a clear record of your notification, whether through email, written report, or employer acknowledgment, strengthens your case by providing documented evidence that the incident was reported in a timely and responsible manner. Prompt and accurate reporting helps establish a connection between the convulsive episode or resulting injuries and your workplace, which is crucial for a successful claim.
Doucment everything
Documenting everything after a seizure at work is a vital step in supporting a workers’ comp claim in Michigan. Keeping detailed records of the incident helps establish a clear connection between the episode, any resulting injuries, and your workplace. This documentation should include the time, location, and circumstances of the episode, descriptions of any injuries, and notes on how the event affected your ability to work. Additionally, recording the names of witnesses and any immediate actions taken—such as first aid or emergency response—can provide important supporting evidence.
Maintaining copies of all medical reports, test results, and treatment notes is equally important, as these serve as official proof of the severity and work-related nature of the incident. You can also keep a personal log detailing symptoms, recovery progress, and any ongoing limitations or complications. Comprehensive documentation not only strengthens your workers’ compensation claim but also helps ensure that all aspects of the incident are accurately represented, reducing the likelihood of disputes with the employer or insurance provider.
Consult a lawyer
Consulting a lawyer after experiencing a seizure at work in Michigan can be a crucial step in protecting your workers’ comp rights. An experienced workers’ compensation attorney can help you navigate the claims process, gather necessary evidence, and ensure all deadlines and procedural requirements are met. They can also advise you on how to document your incident effectively, communicate with your employer and insurance company, and address any disputes regarding whether the episode or resulting injuries are work-related.
A lawyer can provide guidance if your claim is denied or contested, helping you understand your legal options and advocating on your behalf to maximize potential benefits. They can also clarify complex aspects of our state's on the job injury law, such as coverage for pre-existing conditions or injuries resulting from secondary accidents caused by the convulsive episode. Consulting legal counsel early ensures that your claim is handled correctly from the start and can significantly improve your chances of receiving the medical treatment and wage-loss benefits you are entitled to.
What workers' comp benefits can you get for a seizure at work in Michigan?
In Michigan, workers’ comp may cover a seizure at work if the job caused, contributed to, or worsened the episode, or if the episode led to injuries on the job (such as a fall or head injury).
Possible benefits include:
- Medical care: Emergency treatment, hospital stays, neurology visits, testing, and medications, with no copays or deductibles
- Wage-loss benefits: About 80% of your after-tax average weekly wage if a doctor takes you off work or restricts you and your employer cannot accommodate
- Disability benefits: Temporary total or partial disability, depending on your ability to work
- Vocational rehabilitation: Job placement or retraining if you cannot return to your prior job
- Mileage reimbursement: Travel costs for approved medical appointments
Important note: Even if the episode itself is considered idiopathic (not caused by work), injuries that happen because of the incident on the job are often still covered. These benefits do not include payment for pain and suffering.
Can you be fired for having an episode on the job?
An employee who develops a convulsive episode related to his or her job is entitled to 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 convulsive episodes 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 episode 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 need help with your workers' comp claim? 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 40 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 40 years. Call (855) 221-2667 for a free consultation today.
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