The Flint Journal & Genesee County Bar Association’s “Ask the Attorney”

MACDONALD, FITZGERALD & MACDONALD, P.C

Recent Columns

Q. I was injured on the job. What benefits can I receive? (April 2007)
Q. I was injured at work. My employer’s workers’ compensation insurance company picked a doctor for me. They hired a “case manager” who wants that doctor to send me back to work. The doctor is not helping, I am still in pain and unable to work. What can I do? (May 2007)
Q. I injured my back on the job and am in too much pain to work. I did have a back problem years ago. My employer’s insurance company says I can’t get workers’ comp because I have a “pre-existing condition.” Is this true? (June 2007)
Q. I was hurt on the job. Because I can’t perform my original job anymore, my employer is giving me a light duty job within my restrictions–but it only pays minimum wage. I can’t afford to support my family on that. What can I do? (July 2007)
Q. I was injured while driving my own vehicle in the course of my employment. What are my options? (August 2007)
Q. I was injured at work. I am trying unsuccessfully to do a job with restrictions, so I am thinking about just retiring and taking my pension. Can I do that and then pursue workers’ compensation? (September 2007)
Q. A friend and I were both diagnosed with the exact same medical condition. She got Social Security Disability benefits right away with no problem, but I was turned down. This doesn’t seem fair. What can I do about it? (October 2007)
Q. I can no longer do my job due to a work injury. I asked to be retrained. Instead, the workers’ compensation insurer hired a company to “train” me how to write a resume and to make me apply for dead-end minimum wage jobs. Can I get the retraining I really need? (Nov 2007)
Q. I was hurt at work and can’t do my regular job. I’m receiving workers’ comp but my employer is offering me a different job-- for much less pay. What should I do? (Dec 2007)
Q. I was injured at work and can’t do my job. My employer’s insurance company won’t pay me workers’ comp. It instead hired some ‘expert’ to say that there are other lesser paying jobs somewhere in America that I can still do, even though no one will offer me a job I can do and I can’t find one. Is this legal? (Feb 2008)
Q. I receive weekly workers’ comp checks due to my disability. My employer wants to offer me a lump sum buyout in which I give up all my future rights to benefits. What should I do? (March 2008)
Q. I became disabled from a work injury several years ago. I can barely survive on my $200 weekly comp checks and on top of that, my employer just cancelled my health insurance. What can I do? (May 2008)
Q. I am receiving Social Security Disability, but I want to try to return to work. If I try, will I lose my benefits? (June 2008)
Q. I have been out of work receiving disability benefits from work. Should I also apply for Social Security Disability? (July 2008)
Q. My doctor told me to stay off work while I recover from surgery, but my employer’s insurance company is telling me I must apply for new jobs in order to receive a workers’ compensation check. Is this right? (August 2008)
Q. How do I sort through all the flashy ads and choose the right lawyer? (October 2008)
Q. I was hurt on the job and have not been able to work for the past month. Shouldn’t I be receiving workers’ compensation by now? I’m starting to fall behind on my bills. (Nov 08)
Q. I’ve spent years at work lifting and moving heavy boxes and now my back hurts so bad, I can no longer do the work. My employer is telling me that because I cannot identify “the date” I was injured, I cannot collect workers’ comp. Is this right? (Dec 2008)
Q. Despite a recent work injury, I am still able to do most of my job. My employer however has started disciplining me for no reason and I fear I will be fired. What are my rights? (Jan 09)
Q. I took on a second part-time job to help pay my bills. I was injured on that job, and now I can’t do either of my jobs. The part-time employer’s insurance company is paying me 80% of the after-tax wages of what I made with that company, but I can’t survive on this money alone. What can I do? (April 2009)
Q. I was injured on the job and my doctor wants me to stay off work. Instead of paying me workers’ comp, the insurance company sent a “vocational expert” to my house to interview me and that “expert” wrote a report stating that I have the qualifications to obtain a different job. Is this right? (June 2009)