it took my supervisor more than the time allowed to file my injury. i've had therapy and have been discharged by a neurologist and have been on medicine for three years. Two of three plastic surgeons states i need surgery with the possibility of having another one. I was told I would probably 75% better, not completely. I have not received any financial compensation since was fired. Do I have a case?
You must file a petition seeking workers' compensation. Do this using an experienced workers' compensation attorney. Don't wait. The lawyer will also look into the circumstances of your discharge to see if there is a lawsuit on that issue. Either way, you need to file a workers' compensation case.
You indicate that "it took my supervisor more than the time allowed to file my injury". Under the WC law in Michigan, the moment you orally told your supervisor about your injury and asked for WC, you satisfied the notice/claim requirement. There is no pure statute of limitations in MI WC. However, there is a two year back rule that does not allow the judge the ability to order payment of benefits that are more than two years old at the time of your "Application for Hearing". If you had previously received benefits for that injury than it would be a one year back rule.
Termination of employment does not necessarily terminate the right to receive WC benefits. It depends on the circumstances. On 12/19/11 the Michigan legislature passed a more restrictive provision concerning entitlement to wage loss benefits where the termination of employment is for fault. Was your injury before or after the implementation (90 days later) of these amendments?
As was suggested by the other commentator, you should consult with a capable WC attorney to give you more specific advice based on the details of the balance of your factual scenario.
You have been given good advice by the others who have responded. You can search for an attorney through this site, by clicking the "Find a Lawyer" tab at the top of this page, and then searching for a workers compensation attorney in your city and state. Best of luck to you.
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