Is there any legal actionthat I can take regarding a work-related injury that has left me disabled?

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Is there any legal actionthat I can take regarding a work-related injury that has left me disabled?

On 8/28/08 I ran off the road in delivering parts for my employer. Didn’t think any issues when it happened. Boss didn’t make me go to hospital. I ended up blowing out a disk in my neck. Never took time off. After I was released from light duty, numbing in arms and pain in right elbow came back. I lost my job because of performance from the time of accident to termination date of 5/10. I was diagnosed with carpel tunnel in both arms, tendinitis in right elbow. Also, I have had mental issues due to this and am seeing a psychologist. I receive unemployment but have lost my car and house is in foreclosure. My doctor says that I cannot work.

Asked on August 23, 2010 under Employment Labor Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Depending on your age, you may be eligible for a disability retirement.  A disability retirement is an option when one is injured on the job and the employer cannot reasonably accommodate the employee's medical restrictions.  The amount of compensation you would receive from a disability retirement is based on an average of your income over a period of years.  The human resources department of your former employer should have the application form for a disability retirement and information about the procedures for filing a disability retirement.  If your former employer denies your application for a disability retirement, you can challenge that denial in court.

If you did not receive workers' compensation for the period from Aug. 28, 2008 until you were dismissed in May 2010, it would be advisable to speak with a workers' compensation attorney to obtain that compensation for that period.

You will not be able to receive both workers' compensation and a disability retirement at the same time.

Since your doctor says that you cannot work, you may be eligible for SSI (Supplemental Security Income) from Social Security.  This does not pay very much and the disability retirement mentioned above would pay considerably more and would be your best option.

 


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