[Michigan Girl]

If a company were to close their doors permanently, what happens to my claim..? This is in Michigan.

[4eyedbuzzard]

It shouldn't be a problem. If they had any full time employees or had more than 3 part-time employees they were required to carry worker's comp insurance, and their insurance carrier would still be responsible for the claim.

[Michigan Girl]

There is a possibility of losing my job as I stated. here is what happened..I fell and broke my wrist a few years ago at work. I shattered the distal radial bone and had bone grafts..it is still a bit too short (the bone) and any rapid repitious wrist rotations causes pain. the same goes for anything pertaining to using scissors or nippers for an expended period of time..if the company were to close, what would their responsibilities be to me...would they have to train me for another type of work,,carry my medical insurance, any compensation and can they close my claim..I understand that I still have alot of quality of life, but I also have the results from this wrist injury for life.

[rmoore077]

My husband also has an open clam in Michigan. Company closed their doors in September 2007. His claim is still handled by the same insurance company and will be for the rest of his life or until claim is settled. State of Michigan Workers Comp oversees when company closes I due believe.

[Michigan Girl]

when I got hurt, I was told that if I could not go back to my old job,,then they would have to train me for something else in house...what if there is nothing to train me for..if there is not business...do they compensate my wages for any length of time?

[4eyedbuzzard]

The worker's comp system kind of has a list of "preferred outcomes" regarding your return to work. You'll find it buried somewhere in the state rules regarding return to work and rehab/vocational training. "Same job, same employer" is obviously the most desired outcome, followed usually by the same job with modifications, then eventually "different job, same employer", etc. Depending upon the state, somewhere down further in that list is "different job, different employer".

It can get pretty complicated with such things as IWRP's(Individual written rehabilitation plans), figuring out when you are required to start seeking employment within your restrictions if your company doesn't offer you "alternative (light) duty" or eliminates your job for whatever reason(closed plant). Different states vary greatly as to what type of benefits, and how long you are eligible. And every claim/case is different. If you don't understand the process, you should consult with a Michigan attorney who is experienced in worker's compensation. An initial consult should answer most of your questions at little or often no cost.

[Valentino Rossi]

Mich work comp laws state that you can recieve re-training or return to school.. But most most of the insurance companys certainly don't want you to do that since they will have to pay. That is something they sure DO NOT WANT TO DO. Get yourself competent legal representation if you don't know and understand the 'game'. They want to shovel you out the door and be done with it(have been thru this in Mi. so I know of what I speak) The attorney fee should be 10% of any settlement amount. Which he would collect after your hearing settlement concluded. It Then takes about three weeks before you recieve the settlement check(also the state of Mi. will deduct $100 from your settlement amount for service fees) The settlement money is not taxed so what you recieve is the full amount minus the attorneys fee and the states fee(much to Reagans dismay as he wanted to tax both unemployment AND workers comp, but was halted by the congress who told him he could have one or the other but not both, so he chose unemployment as this would result in a higher net gain of cash) My Advice: Get an Attorney with a good track record in this area of law. There can be mountions of paperwork and it can get very confusing if you don't keep it all staright. Also with good representation your settlement will be at least 30% to 50% higher than anything you would be able to negotiate on your own(I have witnessed this for myself) Also being represented by an attorney the insurance company and any stupid 'service providers' they may/will jam at you will be much less likely to get crappy with you or make trouble for you. Attend all of your Dr. Apts. and all of your appointments with the various service providers style company that will try to wedge you and not provide you with as many opportunities as they possibly can(such as denying school retraining, telling you that you have pay for it yourself) My jerk caseworker, after becoming frustrated with me and my inablity to jump thru the assorted 'hoops' they had set up for me to try and show that I was 'uncooprative' stated to me, "Why don't you just go for a settlement? Then you won't have to deal with us anymore". They will send you to an assortment of dumb jobs(hoping that you don't comply so they can nail you) interviews. My attorney later told me that if I had a recording of that caseworkers statment, they would have lost their accredition and would have lost their liscience(sp?) to work in the state. Also you will be subjected to a "Functional Capicity Evaluation" series of tests. As well as being sent to one of their 'Dr.' via yet another useless 'service provider co. for an 'evaluation'(this counts as your second opionon!) The insurance co is out to deny as much medical service as possible. The part that is especially depressing as they fake like they are there to help but in reality they are there to try to get you in trouble so that the insurance co/employer can deny your claim(beware!) and give you the boot. And also deny as much medical/rehab as possible without being found liable in court for breaking workmans comp laws concerning your medical care(even thu they really are denying you the proper care that your Dr. had prescribed for you). Its all about insurance companys wiggling off the hook as much as they possibly can, the rats. It will be a journey of around 3 years if your are deemed 100% disabled. I wish you well!

[Michigan Girl]

Thank you for your imformative response.......I am far from disabled. but my wrist will never be as functional as before..any rapid consistant wrist rotation causes me pain. consisent use of scissors or nippers is a definite no no..very painful, I do also get cramping sometimes for no apparent reason..so,..if the plant were to close, are you saying that workmans comp would have to pay for me to go to school to learn a different trade if I wanted to? Where would a settlement come in at? Would they have to compensate me at 80% of my wages as they would if I were off of work?
About a year ago, I did speak to an attorney, but because the company was accommodating and keeping me working and I was not in intense pain all the time. he felt there was not much he could do at the time.

[4eyedbuzzard]

Time to go see that attorney again.

In a simple WC case - where there is no permanent impairment, and an employee receives TTD(temporary total disability) and/or TPD(temporary partial disability) and then reaches MMI(maximum medical improvement) with no permanent impairment, gets an unrestricted work release and goes back to his/her former job, usually there is no need to contact an attorney. The only caution here would be to make sure they recieved benefits that included using data from 2nd jobs/incomes they lost time at as a result, etc.

But whenever it gets complicated - permanent impairments, need for vocational rehabilitation, multiple claims, out of state claims, and in your case, losing your job and any chance of returning to the same employer, even in a different job, it's probably a good idea to consult a lawyer with WC experience in your state. Yes, they'll get some of your money, but the gamble is they'll earn their keep by getting a larger settlement that will cover their fee, make sure you don't make procedural mistakes, and make sure you get all the benfits to which you are entitled.