MLIVE’S ASK THE ATTORNEY COLUMN
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)
A. If you have enough recent work history, you should file for unemployment benefits and should get them, if you are still be able to perform some of your previous work, and you were not discharged for disqualifying misconduct. If the limitations from your work injury prevent you from working at your maximum wage earning capacity, you should also receive workers’ comp benefits. If your employer terminated you in retaliation for your assertion of your workers’ comp rights, or your employer failed to reasonably accommodate your disability, you may also have claims for retaliatory discharge and/or disability discrimination. If you are lucky enough to have a union, your collective bargaining agreement may provide additional rights and remedies. Feel free to contact me for a consultation regarding your individual situation.
–Attorney Robert MacDonald