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The Flint Journal “Ask the Attorney” Column

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)

A. No. In Michigan, if you are losing wages due to a work injury, you can be entitled to receive potentially life time weekly workers’ compensation wage loss benefits up to 80% of your average pre-injury wage. Your employer or its comp carrier may get credit for sick leave (or short or long term disability benefits you received (if the payer of those benefits do not seek reimbursement)–but the fact that you were first paid these benefits rather than workers’ comp does not prevent you from securing workers’ comp now. Contact our office for further advice and assistance regarding your rights and the benefits available to you.

–Attorney Robert J. MacDonald