Confused, need advise - Printable Version
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Confused, need advise - stugrad - 09-23-2009 04:13 PM
I am in Michigan.
I am a student and work for the university I attend. I fell down some stairs at work in 02/09 and have not recovered from the injury at this time.
Most of my work involves using the computer so I only took one week off after the injury and have been working since.
The pain in my ankle is lingering and gets worse from time to time but all tests (x-rays and mri) have shown that there is no major damage yet it has been 7 months and I have no relief.
I did not consider monetary compensation because I could still work and WC has picked up all my medicals. The problem is that I am still in pain and wonder whether I can get any money from my employer. I don't have a car and getting to appointments mean I have to take a taxi, rent a car or take 2 buses, all at my expense. My life has certainly changed since the injury. I cannot run at all and I have a lot of pain when I walk on uneven ground.
Do I have any grounds to contact my WC person to say that I have reconsidered the monetary compensation? What, if anything are my options? Please advise.
RE: Confused, need advise - 1171 - 09-23-2009 05:14 PM
you really need to make sure there is no treatment that can impove your situation before trying to take a payout.
request a second opinion/consult with an orthopedist.
Michigan is a wage loss state so impairment is not a primary factor in your state's comp cases.
familiarize yourself with Michigan comp benefits starting here
you may qualify for special consideration:
"Section 356(1) of the Act provides special help for individuals who are earning a
very low wage at the time of their injury and can demonstrate that at the time of
their injury they had a potential for higher earnings.
It applies to individuals whose rate of compensation is less than 50 percent of the
state average weekly wage as of the time of their injury. After two years of
continuous disability, such a person may petition for a hearing and demonstrate
that “by virtue of the employee’s age, education, training, experience, or other
documented evidence which would fairly reflect the employee’s earning capacity,
the employee’s earnings would have been expected to increase.” If the employee
can demonstrate this, then the magistrate may order an increase in compensation
up to 50 percent of the state average weekly wage for the year of injury.
This one-time adjustment and the higher rate of benefits is paid only from the
time a claim is made under this section. The cost of the increased payments
comes from the Second Injury Fund and not the employer."
check out the mileage reimbursement rates here:
RE: Confused, need advise - stugrad - 09-23-2009 05:29 PM
Thanks for your response. WC requested a second opinion a month ago and the second doctor ordered the MRI (both doctors are orthopedic surgeons). I am now scheduled to start PT in a week. Hopefully that would bring some relief.
The injury to the ankle was an avulsion fracture that did not require surgery and some kind of sprain (Chopart's) with some torn ligaments. I was in a boot cast for a couple of months and had a ankle brace for another month and a half. I got off crutches in July and have been walking with a limp since.
Thanks for posting the link to the Michigan law. I will read that thoroughly.
1171 Wrote:you really need to make sure there is no treatment that can impove your situation before trying to take a payout.
RE: Confused, need advise - Bad Boy Bad Boy - 09-23-2009 06:27 PM
It's going to take a year or more to heal, as long as you don't reinjury it. Please take your time with this.