Law Offices of Marcia B. McClure
Home  About  Site Map  Contact 

Get a Free Consultation!  

Workplace Incidents A Lawyer That Fights For YOU!
Home > Workplace Incidents

Personal Injury
» Auto Accidents
» Medical Malpractice
» Birth Injuries / Trauma
» Dog Bites
» Motorcycle Accidents
» Nursing Home Neglect / Injuries
» Slip and Fall
» Social Security Disability
» False Imprisonment / Arrest
» Wrongful / Improper Burial
» Warehouse / Store Liability

Family Law
» Divorce
» Custody
» Post Divorce

Commercial Litigation
» Banking Law
» Commercial Disputes
» Breach of Contract
» Lemon Law

Workplace Incidents
» Workers Compensation
» Employee Discrimination
» Wrongful Discharge
» Whistleblowers Act

Workplace Incidents

Workers Compensation

Workers' Compensation in Michigan is an employee benefit established in 1912 by the Michigan Legislature. Today, it is administered by the Michigan Department of Consumer and Industry Services, Bureau of Workers' Disability Compensation and covers most employees.

Compensation is provided for disability or death as a result of a work related injury or disease, without regard to who may be at fault. Benefits are paid by employers (either directly or through their insurance carriers) and are not to be confused with health or accident insurance.

Generally speaking, your right to recover benefits as provided in the Workers' Disability Compensation Act is your exclusive remedy against your employer for work related injuries or diseases. Employees do not have the right to sue employers for benefits not provided for in the Workers' Disability Compensation Act unless the employee is able to prove that the employer intended to injure him/her.

Workers' Disability Compensation Benefits include reasonable medical care for work-related injuries or diseases. This includes medical, surgical, nursing, and prescription services, and, under certain conditions, dental care, crutches, and such artificial appliances as limbs, eyes, teeth, eyeglasses, hearing aids.

You are also entitled to weekly compensation benefits for as long as disability and wage loss continue. Specific amounts and calculations depend upon the date and type of your injury.

In the event that you are required to return to work at a job paying less than you were earning at the time of your injury because of your inability to work at your previous job, you may still be entitled to partial compensation benefits.

If you lose an eye, finger, arm, or other body member, you may be entitled to a specific amount for a prescribed number of weeks. If at the end of the specific loss period, you still have a wage loss due to the injury or disease, you may be entitled to further compensation.

Prompt payment of benefits is required by law. The first payment is due on the 14th day after the employer has notice or knowledge of disability or death. Thereafter, all accrued compensation will be payed weekly. If the payments are not forthcoming, call us immediately.

The above gives only a brief summary of your rights under the Michigan Workers' Disability Compensation Act. If you have any questions about your rights, please call us or fill out the online consultation form. There is no charge for a consultation.

Elliot-Larsen Civil Rights Act (ELCRA)
There is a statutory cause of action for an employer's violation of the ELCRA. The act protects employers with one or more employees in either the public or private sector from discriminating against an applicant or employee on the basis that the person's race, color, religion, national origin, age, sex, height, weight or marital status. Sex discrimination includes sexual harassment and discrimination on the basis of pregnancy.

Persons With Disabilities Civil Rights Act (PDCRA)
There is a Michigan statutory cause of action for an employer's violation of the PDCRA. The act prohibits employers with one or more employees in either the public or private sector from discriminating against an applicant or employee because that individual has a disability, or because of genetic information, that is unrelated to his or her ability to perform or to do a particular job with or without an accommodation. The act also mandates that an employer accommodate a person with a disability as long as the accommodation does not impose an undue hardship. The PDCRA contains provisions prohibiting retaliation for opposing violations of the act.

Americans with Disabilities Act (ADA)
This is a statutory action for employment discrimination on the basis of disability status and/or failure to accommodate employees with a disability. Only a qualified individual with a disability (QID) as defined by the statute, is protected under the ADA.

Whistleblowers Act
Michigan Whistleblower's Protection Act lawsuits involve claims where an employer discriminated against an employee because the employee has reported or is about to report to a public body a violation or a suspected violation of a federal or state statute or regulation. The act also applies where a public body has requested that the employee participation in a court action or an investigation or hearing held by the public body.

Copyright © 2002 All rights reserved. Base design by Jaden. View Privacy Policy and Disclaimer.
Last Updated 4/18/03

Valid HTML 4.01! Valid CSS!