The Flint Journal & Genesee County Bar Association’s “Ask the Attorney” Columns

By Attorneys with MACDONALD & MACDONALD PLLC

RECENT COLUMNS

• Q. I injured my back at work and doctors say I will never be able to walk again. What can I receive from workers’ comp? (December 2018)
• Q. I injured my back at work and am not able to stand up enough to do my job. My employer says he will not pay me workers’ compensation benefits, and that I should just quit and find a sit down job somewhere? Is this legal?
• Q. Even though I have been paying into Social Security for 30 years, can the federal government legally refuse to pay my generation our retirement benefits when we reach retirement age? (September 2018)
• Q. My health has gotten so bad that I can no longer work. I applied for Social Security Disability but was denied. I am going to appeal by requesting a hearing, but I am wondering when, or if, I should hire a lawyer (July 2018).
• Q. Are Michigan Republicans taking my Medicaid away? (June 2018)
• Q. I lifted a heavy crate at work last month and injured my shoulder. My doctor is keeping me off work to heal, but my employer is refusing to pay me workers’ compensation benefits because he says the injury was my fault. Is this legal? (May 2018)
• Q. I injured my leg at work. I can no longer do the standing my job requires, and have not been able to find any other work. What workers comp benefits can I receive? (March 2018)
• Q. I was recently diagnosed with some serious health problems and had to stop working. How long do I need to be off work before applying for Social Security Disability? (Jan 2018)
• Q. If am killed on the job, what will my family receive? (Nov 2017)
• Q. I reported my work injury to my employer. Rather than pay me workers’ comp, my employer gave me light duty for 8 weeks, but now it has terminated me What should I do? (Sept 2017)
• Q. I had prior back problems when I hired in to my job. When I fell from a roof at work, that made it worse to the point I can’t work. My employer says I can’t get workers’ comp for this pre-existing condition. Is this right? (August 2017)
• Q. I injured my shoulder at work. I can no longer do my job, and have not been able to find any other work. What workers comp benefits can I receive? (July 2017)
• Q. I was injured on the job and can no longer work. I get $1,000 a month in Social Security Disability. How long will these benefits last? (June 2017)
• Q. I was injured in an car crash recently. My insurance company contacted me right away and offered me a small settlement if I did not get a lawyer. I also received phone calls and letters from strangers offering me medical care and legal services. I am overwhelmed. What should I do? (May 2017)
• Q. I was injured on the job and receive $250/week in workers’ compensation. I was also approved for Social Security Disability–but I was told I will only get $20/month because I am getting workers’ comp. Is this right? (April 2017)
• Q. A judge held I was entitled to receive Social Security Disability, but I just got a letter saying Social Security wants to review my claim. Can they do this? (March 2017)
• Q. I was injured at work but I didn’t report the injury to my boss until a week later when my doctor told me to stay off work and rest. My boss now says I can’t get workers’ comp because I didn’t report this immediately. Is this true? (Feb 2017)
• Q. My treating doctor recognizes I am unable to work anymore and told me to apply for Disability. I did apply, but was turned down. Shouldn’t her opinion have mattered? (December 2016)

• Q. If I receive Social Security Disability, will I also receive Medicare? (Nov 2016)

  Q.    I took a part-time job at night to make extra money, but I was injured there, and now I cannot do either of my jobs. Workers’ comp is paying me a percentage of my part-time wages, but I cannot survive on that alone. What can I do? (Oct 2016)

   Q.    I was a stay-at-home single mother who did not work. I am now 70, and have been financially dependent upon my adult son who recently passed away.  Is there any help out there for me? (April 2016)

  Q. I was injured at work and have been receiving medical treatment for the past several months. The workers’ comp carrier has hired a nurse case manager to come to my doctor appointments. She invites herself in to the examination room, harasses my doctor, and demands that my doctor terminate my restrictions. She has called the doctor’s office and cancelled my appointments. This lady is interfering with my care. What can I do? (March 2016)

  Q.    I was injured at work a few years ago and have been receiving workers’ comp benefits because I am unable to work.  I turned 62 and signed up for Social Security Retirement early at the reduced rate to get some additional money to help with my bills. After doing that, my workers’ comp checks were reduced. Is this right? (Feb 2016)
  

• Q.    I am waiting for a hearing on my disability claim. Should I get a lawyer?
• Q.  I was hurt on the job and can no longer do my job. I am receiving workers’ comp wage loss benefits. How long will they continue? (Sept 2015)
• Q. I have been ill, and am missing time from work. Is my employer supposed to pay me something while I am off work? (Aug 2015)
• Q. I was injured at work, my employer’s comp refused to pay my medical bills claiming the bills were not coded properly, and now I am getting hounded by a collection agency for payment. What should I do? (June 2015)
• Q. I was injured at work, worked light duty for a month, was then laid off and told to file for unemployment. I did that–but now the Michigan Unemployment Agency has accused me of fraud, demanded that I repay benefits, and pay three times the amount in penalties. What can I do? (May 2015)
• Q. My doctor told me to stay off work following a work injury, but my employer told me it doesn’t believe in workers’ comp and I have received no benefits. What can I do? (April 2015)
• Q. I was hurt on the job and can’t work, but my employer told me he doesn’t believe in workers’ compensation. He told me he would ‘chip in’ on my medical bills, but I need more help than that. Without my paycheck, I have no way to support my family. What can I do? (Feb 2015).
• Q. I was injured on the job this summer and have been unable to work since. My employer paid me sick leave until recently at ½ my normal pay, but is now telling me it is too late for me to receive workers’ compensation benefits because I received sick leave instead. Is this true? (Dec 2014)
• Q. I hurt my back on the job. My employer fired me because it said I should have not lifted a heavy weight by myself. It says it is a work policy that two people lift heavy weights together. I am still hurt and need restrictions but my workers’ comp is being denied. The comp carrier says I was fired for cause and that it doesn’t have to pay. Please help.
• Q. My doctors have all recognized that I can’t work because I have severe congestive heart failure. When I applied for Social Security Disability, I was denied and told I do not have enough credits. What does that mean? What should I do? (June 2014)
• Q. I was diagnosed with an illness which my doctor says will require me to be off work for a year or two while I undergo treatment. Although I am not permanently disabled, is there any help I can get to pay my bills? (May 2014)

 Older Columns

1. Q. I was injured on the job. What benefits can I receive? (April 2007)
2. Q. I was injured at work. My employer’s workers’ compensation insurance company picked a doctor for me. They hired a “case manager” who wants that doctor to send me back to work. The doctor is not helping, I am still in pain and unable to work. What can I do? (May 2007)
3. Q. I injured my back on the job and am in too much pain to work. I did have a back problem years ago. My employer’s insurance company says I can’t get workers’ comp because I have a “pre-existing condition.” Is this true? (June 2007)
4. Q. I was hurt on the job. Because I can’t perform my original job anymore, my employer is giving me a light duty job within my restrictions–but it only pays minimum wage. I can’t afford to support my family on that. What can I do? (July 2007)
5. Q. I was injured at work. I am trying unsuccessfully to do a job with restrictions, so I am thinking about just retiring and taking my pension. Can I do that and then pursue workers’ compensation? (September 2007)
6. Q. A friend and I were both diagnosed with the exact same medical condition. She got Social Security Disability benefits right away with no problem, but I was turned down. This doesn’t seem fair. What can I do about it? (October 2007)
7. Q. I can no longer do my job due to a work injury. I asked to be retrained. Instead, the workers’ compensation insurer hired a company to “train” me how to write a resume and to make me apply for dead-end minimum wage jobs. Can I get the retraining I really need? (Nov 2007)
8. Q. I was hurt at work and can’t do my regular job. I’m receiving workers’ comp but my employer is offering me a different job– for much less pay. What should I do? (Dec 2007)
9. Q. I receive weekly workers’ comp checks due to my disability. My employer wants to offer me a lump sum buyout in which I give up all my future rights to benefits. What should I do? (March 2008)
10. Q. I became disabled from a work injury several years ago. I can barely survive on my $200 weekly comp checks and on top of that, my employer just cancelled my health insurance. What can I do? (May 2008)
11. Q. I am receiving Social Security Disability, but I want to try to return to work. If I try, will I lose my benefits? (June 2008)
12. Q. My doctor told me to stay off work while I recover from surgery, but my employer’s insurance company is telling me I must apply for new jobs in order to receive a workers’ compensation check. Is this right? (August 2008)
13. Q. How do I sort through all the flashy ads and choose the right lawyer? (October 2008)
14. Q. I was hurt on the job and have not been able to work for the past month. Shouldn’t I be receiving workers’ compensation by now? I’m starting to fall behind on my bills. (Nov 08)
15. Q. I’ve spent years at work lifting and moving heavy boxes and now my back hurts so bad, I can no longer do the work. My employer is telling me that because I cannot identify “the date” I was injured, I cannot collect workers’ comp. Is this right? (Dec 2008)
16. Q. Despite a recent work injury, I am still able to do most of my job. My employer however has started disciplining me for no reason and I fear I will be fired. What are my rights? (Jan 09)
17. Q. I took on a second part-time job to help pay my bills. I was injured on that job, and now I can’t do either of my jobs. The part-time employer’s insurance company is paying me 80% of the after-tax wages of what I made with that company, but I can’t survive on this money alone. What can I do? (April 2009)
18. Q. I was injured on the job and my doctor wants me to stay off work. Instead of paying me workers’ comp, the insurance company sent a “vocational expert” to my house to interview me and that “expert” wrote a report stating that I have the qualifications to obtain a different job. Is this right? (June 2009)
19. Q. I injured my knee at work. My pain got so bad that I couldn’t walk and I had to have a knee replacement. I have a desk job and didn’t miss time from work. Am I entitled to any workers’ compensation? (Feb 2010)
20. Q. I am disabled because of an injury I sustained on my way in to work. Can I receive workers’ comp benefits? (April 2010)
21. Q. Aren’t most people suing to collect workers’ comp really scam artists looking for a free ride? (August 2010)
22. Q. I was injured at work several weeks ago. I still hurt too much to work. My doctor wants me to stay off work. My employer’s insurance company cut off my workers’ comp benefits after hiring a doctor to examine me who told me to go back to work without restrictions. What should I do? (October 2010)
23. Q. I was injured at work. My employer gave me light duty for four months, but now I have been laid off. Can I receive workers’ comp? Should I file for unemployment instead? (December 2010)
24. Q. I applied for Social Security Disability. I was turned down. I was told I do not have enough credits. What does that mean? (March 2011)
25. Q. I was injured at work and can no longer perform my job. My employer’s workers’ compensation carrier has recently paid another entity to offer me work instead of paying me workers’ comp benefits. This entity’s representative wants to come to my house and have me submit to drugtesting, fingerprinting, and sign dozens of documents which releases it from all claims, forces me to keep its actions confidential, and gives it access to my personal and bank records. Is this right? (April 2011)
26. Q. I was injured on the job last month and my doctor has me on restrictions. My employer says it has no light duty for me, but it is refusing to pay me workers’ comp because it says I have a ‘wage earning capacity.’ What can I do? (December 2012)
27. Q. I injured my shoulder at work. My doctor says I need a surgery and that I can’t work, but my employer’s workers’ compensation insurance is refusing to pay. What can I do? (January 2013)
28. Q. I injured my shoulder at work three months ago and have been working on light duty. Last week, I was late for work because of my physical therapy and my employer terminated me for tardiness. The workers’ comp carrier has now refused to pay me benefits for lost wages. What can I do? (March 2013)
29. Q. I injured my knee at work a few months ago.  My doctor has me off work right now in therapy as I recover from surgery.  My employer’s worker’s comp adjuster told me he is going to stop sending me benefits because I am not applying for new jobs. I already have a job. I just need money to live on while I recover. What can I do? (Sept 2013)
30. Q.    My fiance lost his life in a terrible accident at work. I am pregnant with his child.  Is there any help I can get to raise our child? (Oct 2013)
31. Q.    I injured my back at work last year. After going through physical therapy, I returned to work–but my back is still killing me. I think I need to go back to the doctor and need to go back off work. I called the insurance adjuster but she told me there was nothing I could do because my case was ‘closed.’ Is this right? (January 2014)
32. Q.    I injured my back at work on the job in 2010. I can’t do my old job within my restrictions and have not been able to find any work that I can do. My employer is refusing to pay me all of my workers’ comp benefits by saying benefits can be reduced by my ‘wage earning capacity’ even though there is no job available to me. Is this right? (Feb 2014)
33. Q.    I fractured my hip at work a few months ago.  I worked light duty for a few months, and then my employer laid me off and told me to file for unemployment. I asked the employer’s workers comp adjuster for workers’ comp–but he told me that a person can not get unemployment and workers’ comp at the same time. Is this true? (March 2014)