Retaliation Against Employees Filing for Michigan Worker’s Compensation
By: Ali R. Baghdadi, Esq.
April 8, 2020
Workers’ Compensation is not a perfect system and it can be downright unfair. However, the Michigan Workers Disability Compensation Act prohibits employers from retaliating against their employees for filing for workers’ compensation after suffering a workplace injury.
Many of our clients’ main concern is whether they will be fired while they are on workers’ compensation. It is understatement to say that a workplace injury can present challenges. This is especially true when many of our clients are concerned about losing health insurance and seniority positions at their employment. However, there are legal protections in the place to protect employees that file for workers compensation.
Workers’ Compensation covers medical treatment, lost wages, and vocational rehabilitation. It was enacted as a safety net for employees injured on the job. The amount paid for lost wages is generally equal to 80% of an employee’s after taxes average weekly wage. In exchange, employers receive immunity from civil lawsuits and do not have to pay additional damages for their negligence.
If you have been retaliated against for filing for a workers’ compensation benefits, you may be entitled to compensation beyond what your workers’ compensation pays. There must be a causal connection between your receipt for medical treatment and the retaliatory actions by the employer.