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

By Attorneys at MACDONALD & MACDONALD PLLC

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?

A. In Michigan, if a work injury results in a limitation in your ability to earn wages within your qualifications and training and in wage loss, you can receive weekly workers’ compensation benefits up to $820/week. If you are still limited by this work injury, your employer should pay you workers’ comp. If your employer or its insurance company refuses, you should contact us about filing a claim for workers’ compensation with the Workers’ Compensation Agency. While your workers’ comp claim is being litigated, you may also qualify for unemployment benefits. Unemployment benefits can be paid so long as you are able and available for work within your limitations and restrictions. Regular unemployment benefits will ultimately reduce the amount of workers’ compensation that can be obtained but these benefits can provide a source of income while the workers’ comp case is litigated and you look for new work. Litigation is pending regarding whether additional federal benefits paid during the pandemic can also reduce workers’ compensation benefits. Call us for individualized legal advice regarding your own specific situation.

Atty. Robert J. MacDonald
–December 2010 column (updated 2022)