Michigan Workers' Compensation

Airport and airline employees work in the most unforgiving conditions every day. Workplace accidents and injuries, such as back injuries from handling luggage, or injuries from air turbulence, are common for people working at Michigan airports or flight crews. Baggage handlers and ground transportation are often injured because of working outside during Michigan’s bad weather.

At the Allan W. Ben P.C. law firm, we have helped many flight attendants who have been injured on the job, especially flight attendants at Delta. Because we have talked to so many airline workers, we understand the work environment and the pressures you are under. You have to make quick decisions and react quickly to dangerous situations. That can cause injury.

State Rep. Talib, a Detroit Democrat, in March 2010 introduced legislation to give worker’s compensation to undocumented workers in Michigan. She stated in an interview, “We’re only one of two states in the nation that does not allow workers that are undocumented to compensate when they are injured on the job,”  “Allowing workers’ compensation for all injured workers is a better system than allowing people to be part of a black market of undocumented workers.”

One of the common investigative tools utilized by insurance companies in an effort to terminate Workers’ Compensation cases and Long-Term Disability claims is surveillance, whereby the insurer seeks to observe a claimant and capture activity which it determines is inconsistent with the claimed limitations of an insured.

It is very important to never do anything more than the restrictions your doctor gives you. It only takes one minute of film from the company hired for surveillance by the insurance company to hurt your case. I warn every client about surveillance. All to often, people do not listen. They are filmed carrying something heavy, running, or in the mall shopping carrying heavy bags. It could be simple yard work. If you claim you are injured then let other people help you with your day to day activities that you claim you can not do.

1. If you need medical attention immediately seek a doctor.

2. Report the injury to your supervisor. Make sure that the injury is properly logged or recorded by your supervisor.

3. When getting medical attention for your injury, take note of the names of the doctors who are treating you. Remember, you are not required to see a company doctor.

We often received many phone calls from potential clients who wonder whether or not they can apply for Workers’ Compensation when no one was at fault for their injury. Workers’ Compensation is considered a “no fault” insurance system because the worker is compensated regardless of blame unless the accident is caused by intoxication, willful misconduct, or gross negligence.

People are often getting paid either voluntarily their Workers’ Compensation benefits or were awarded them after a trial. Many of these people do not want to deal any longer with the Workers’ Compensation insurance company and wonder what can be done.

Often doctors, hospitals and physical therapy clinics are not represented in Workers’ Compensation cases. In order for a medical provider to guarantee that their bills are going to be paid they need to file a specific form with the Workers’ Compensation bureau. Our Metro Detroit Workers’ Compensation law office represents many hospitals and doctors in Michigan Workers’ Compensation cases.

Often our office receives phone calls from people who are injured while at work on break or having lunch. They want to know if they can get Workers’ Compensation benefits for their injury that happened while at work, but not during work.

The Michigan Court of Appeals in 2008 addressed this issue in the case of Vanvorst v. Maxitrol Company.

The case arises out of plaintiff’s trip and fall at work during her lunch break on July 15, 2004. When the bell rang to signal the beginning of the lunch break, plaintiff went back to her machine to retrieve her silverware. While doing so, her right foot caught on something that stuck out into the walkway and caused her to fall. As a result of her fall, plaintiff suffered fractures to her right arm, right knee, and left shoulder.