Legal Assistance Needed

[taysteewonderbunny]

My back has hurt me since Monday when I strained it at work moving cases of 20 oz soda. The pain has grown steadily worse, and, despite home remedies, rest, and a prolonged appointment with a state certified myomassalogist, my comfortable range of motion has continued to decrease.

So, I called around to see how I might be able to get medical help. The "free" clinics (which are not free, but are based on income and much cheaper) did not have an available appointment until December 11 or later. Other normal clinics would not see me unless I obtained permission from my employer to be seen under workers' compensation.

I followed up then with my employer, a temp agency, which the Michigan Department of Energy and Labor confirmed was not exempt from providing workers' comp. My employer told me that I would not be eligible for workers' comp because the injury I obtained was received while I was doing work that was part of my job description. This didn't make sense to me. I thought that was precisely what workers' comp was for.

That's when I called the Michigan Department of Energy and Labor. I was transferred to a claims department to try to find the name of the medical insurer for the company and found they have none. I was then switched back to the hotline and it was strongly recommended to me that I, no matter what my injury, consult a liability lawyer ASAP.

Does anyone have a recommendation? Please, I need your help.

[Slogo]

I believe if you were injured on the job while performing job duties, they are responsible.

[taysteewonderbunny]

I believe if you were injured on the job while performing job duties, they are responsible.

See, it shouldn't even matter if the work conditions are responsible or not. There is supposed to be a method wherein I can get medical assistance after which my claim can be accepted or denied by my employers' insurance. Since my employer never secured insurance and are denying me access to that process, they are in violation of state and federal law. This is why I am in need of a liability, and not just a workers' comp, lawyer. I need a recommendation of a firm since I'm not comfortable just going through the phone book.

[torn asunder]

See, it shouldn't even matter if the work conditions are responsible or not. There is supposed to be a method wherein I can get medical assistance after which my claim can be accepted or denied by my employers' insurance. Since my employer never secured insurance and are denying me access to that process, they are in violation of state and federal law. This is why I am in need of a liability, and not just a workers' comp, lawyer. I need a recommendation of a firm since I'm not comfortable just going through the phone book.

wish i could help, but i don't know anyone. you definitely have a case though, if they don't have the required coverage. i hope you nail 'em to the wall!

[KatRN05]

Found this looking up lawyers online:

http://www.daileylawyers.com/

[taysteewonderbunny]

Found this looking up lawyers online:

http://www.daileylawyers.com/

Thank you. I will check them out.

Does anybody else have personal experience with, or have heard good things about through friends and family, another law firm?

[TheGimp]

My last job i had two years ago in a car parts plant a guy was working one of the machines, it looked like a giant drill or CNN machine they cut parts for molds for cars while trying to detach a drill bit and reattach another to finish the product his leg or hip or another body part hit the start button (he had long hair maybe shoulder lenght) and while it was pulled back in a pony tail (as it was one of the rules at work) if you have long hair, the drill started up and snagged his pony tail and started wrapping it up in the drill bit he obviously couldnt move but his head was being pulled twoards this giant drill bit he was able to reach E-stop (emergency stop) button in time but he was fully scalped and head half of his hair and bits of skin and tissue ripped from his head, now while your injury isnt obviously has bad as his was, my work was responsible, and was placed on workers comp until he was able to return

hope that kinda helped

none the less if your hurt at work they have to pay workers comp if your unable to preform your duties

Edited December 4, 2009 by TheGimp

[damagedangel]

The only way the employer would not be responsible would be if:

The employee was intoxicated or under the influence of drugs while at work

The injury was self-inflicted

The employee violated the law

The employee failed to use safety equipment

The employee failed to obey safety procedures

The employer is responsible for the injury if:

It resulted in personal injury or death

It occurs by accident

It arises out of employment

It occurs during the course of employment

I would definitely follow up with a lawyer. All Michigan businesses are required to carry workers' compensation insurance. There are no cases in which a Michigan business would be exempt from carrying it. I would also contact the Michigan Workers Compensation Insurance department, and see what cages you can rattle there. WCA Page

I love it when my college education comes into use for something. LOL

[taysteewonderbunny]

The only way the employer would not be responsible would be if:

The employee was intoxicated or under the influence of drugs while at work

The injury was self-inflicted

The employee violated the law

The employee failed to use safety equipment

The employee failed to obey safety procedures

The employer is responsible for the injury if:

It resulted in personal injury or death

It occurs by accident

It arises out of employment

It occurs during the course of employment

I would definitely follow up with a lawyer. All Michigan businesses are required to carry workers' compensation insurance. There are no cases in which a Michigan business would be exempt from carrying it. I would also contact the Michigan Workers Compensation Insurance department, and see what cages you can rattle there. WCA Page

I love it when my college education comes into use for something. LOL

Thank you so much!

[bean]

The lawyer I used for my divorce also does personal injuries. I'm not entirely sure if he does your type of injury, but I can PM you his info. He's a phenomenal lawyer and he does free initial consultations.

[TitsMcGee]

You can always check legal aid too.

[dragonluv]

The lawyer I used was for the closing for my rental property. He pass away. He was a partner of his firm. His firm was good. I will go through the stuff and PM you the firm information. If I forget, please PM, and just remind me.

hugs,

april