Consult a local Michigan attorney who handles worker's compensation cases to determine whether you can re-open your work comp case. Generally work comp pays about 2/3 of your wage during your period of disability and for your work injury related medical expenses. Sometimes they pay for retraining/re-education. You can redeem your case for a lump sum, but then no benefits continue to be available. Usually you may not sue your co-employee or employer and are limited to worker's compensation benefits, although there are certain limited exceptions to the general rule. Again, call a local Michigan work comp attorney who regularly handles these type of cases. If there was a 3rd party that was negligent in causing/being one of several causes of your incident, you can sue them for your economic and non-economic losses, if you can prove their negligence (ie: maybe improper mirrors on the vehicle? Lack of a backup beeper? etc.). The worker's compensation carrier would have a lien on any such claim for the benefits they paid. Generally, these claims must be brought within 3 years of the incident (but there are some different time periods depending on your circumstances, which you give little detail on, ie: if there is a highway defect, a dramshop case, etc.). If the attorney you had failed to get you proper benefits, improperly handled your claim, failed to make all available claims, gave you bad advice, missed the time limit on claims, etc. you may have a legal malpractice case. You would need to consult a local Michigan attorney that handles such cases to determine this. There is generally a 2 year statute of limitations from when the attorney last handled your matter within which to make such a claim. Further, just because you believe your attorney "didn't help", doesn't mean there was malpractice as it is possible you think you are entitled to things the law does not allow you to claim. However, without knowing your exact facts, this really can't be determined.
Answered on Apr 18th, 2013 at 4:13 PM