QUESTION

Can I go back on workman's comp insurance to see a Dr and can I still sue for continued pain and discomfort?

Asked on Apr 17th, 2013 on Personal Injury - Michigan
More details to this question:
I have had 2 slip and fall accidents at work. One was 3 years ago the other was 5 years ago. I have had continuos pain from the first surgery 5 years ago. I am now having problems with my shoulder which i had surgery for a torn rotating cuff. There was not a law suit filed.
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4 ANSWERS

Ronald A. Steinberg
Workers comp pays the doctor, hospital, Rx, and therapy bills, and wage losses while you are incapable of working. It does NOT pay for pain and suffering. If you have pain, that usually means that something is wrong so you need a doctor to determine what it is and if it is related to the accident or accidents at work.
Answered on Apr 25th, 2013 at 9:43 PM

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Municipal Law Attorney serving Paw Paw, MI at Mark A. Manning, P.C.
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If your injuries arose out of and in the course of your employment your sole remedy in Michigan is Worker's Compensation. You will not be able to make a claim for pain and suffering in Worker 's Comp.
Answered on Apr 19th, 2013 at 12:01 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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I would hope prior answers of prior lawyers to similar questions are searchable on this site? I personally have answered several similar questions in the past and reading same would be helpful to you. I'd presume other lawyers have also answered similar questions and I'm sure their answers would also be instructive. Please do look for these prior answers. In Michigan worker's compensation covers your wages and medicals for on the job injuries. If you return to work, and work aggravates the injury then I believe that would also be covered, but it would be important for you to contact a local worker's comp. attorney in regard to this question as I am somewhat familiar with wc, but am NOT a wc attorney (and the laws change from time to time). Worker's comp does not cover pain and discomfort. In order to recover for same you would have to have incident facts that prove that some party other than your employer had a hand in causing your incident(s). If there is such a 3rd party, whose negligence caused you to be injured, you have the ability to file a claim against them. There are many issues in these cases, such as paying back work comp from any 3rd party recovery, the fact that many premises liability defendants have a complete defense to slip and fall claims in the open & obvious defense, etc. Questions such as yours can only be answered generally hereon and it is always best to consult a local Michigan attorney who regularly handles cases such as yours for a review of all the facts and circumstances of your incidents for advice on what your legal rights are, what possible claims you may have, what the likelihood of success is on any such claims, what the range of value might be for such claims, etc.
Answered on Apr 18th, 2013 at 11:55 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Generally work injuries are worker's comp exclusively. Call for an appointment with full details.
Answered on Apr 18th, 2013 at 10:24 PM

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