Michigan workers comp lawyer explains your legal rights when you are laid off while on restrictions.
Your employer does not have to pay lost wages under workers comp if they offer you a job within your restrictions. This is called “favored work” or “reasonable employment.” You must accept this job offer or you could forfeit your right to future wage loss benefits.
Many of our clients want to know what happens if they are laid off or fired from this type of employment. Here is some information to help protect your legal rights.
This is work that is within your ability to perform that poses no clear and proximate threat to your health and safety, and is within a reasonable distance from your home.
You are entitled to lost wages if you have been employed on favored work for less than 100 weeks and lose your job for whatever reason.
You could also be entitled to lost wages if you have been employed on favored work for 100 weeks or more but less than 250 weeks and lose your job through no fault of your own.
Even if you have been employed on favored work for more than 250 weeks, you could still be entitled to lost wages under certain circumstances.
Unemployment or Workers Comp
You can collect unemployment to pay the bills while you fight for workers comp benefits. To be eligible, you must be available and seeking work within your restrictions.
The idea is that you are looking for work within your restrictions but you still have a loss of wage earning capacity because of your work injury. You might not be able to do heavy work anymore but you could do light work at less pay if it was available.
Remember that any unemployment benefits received can be offset with workers comp. You might end up trading one dollar for another.
An experienced workers comp lawyer can help you
If you have been laid off from favored work, we can help you get all the benefits available under the law. There is no fee unless workers comp benefits are recovered for you.
To speak with an experienced workers compensation attorney, call (855) 221-2667 for a free consultation.
– Alex Berman is the founder of the law firm. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain wage loss benefits for their work-related injuries.