The Flint Journal & Genesee County Bar Association's "Ask the Attorney"

MACDONALD, FITZGERALD & MACDONALD, P.C

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?

A. A Michigan injured employee must accept an offer of employment within the employee’s physical restrictions which is reasonably close to the employee’s home. Benefits can be suspended if a worker refuses such a job offer without good and reasonable cause. Your employer’s workers’ compensation carrier will generally be required to pay you 80% of the difference between your prior earnings and the earnings on this new job. An employee should generally attempt to perform the work being offered (unless there is significant risk of serious injury). If a disagreement arises about whether an employee is capable of performing the job or has cause for refusal, a workers’ compensation Magistrate can be asked to resolve it and to order that benefits continue. Call us for further assistance.

Atty. Robert J. MacDonald
--December 2007 column