W/C for 3 months and company offering job

[Gatekeeper]

I am being treated for 2 disc herniations and sacroilliac pain, I have been off for 10 weeks and they want to offer me a sit down job to come back. I am a mechanic and I am not at 100% yet, if I go back and reach 100% does the employer have to give me my job back? or am I getting the shaft?
What are my rights or do I get a lawyer now? I am in Michigan

[Manley2]

Listing your state will help people answer your question. But I don't think there is any state that a lawyer will charge you for the first visit.

[Gatekeeper]

Manley2 Wrote:Listing your state will help people answer your question. But I don't think there is any state that a lawyer will charge you for the first visit.

Michigan

[OldManOnCampus]

Sorry to let you know but in Michigan the employer doesn't have to offer you your job back. It all depends if your employer is a weasel or not.
I would go talk to lawyer right away. They will not charge for a consultation and it's better to protect your interests.
A lot of employer in Michigan will offer you a lower paying job and then get rid of you at a later date. Just remember the magic 100 week rule. If you lose your job for any reason (yes, any reason) within 100 weeks then W/C ins has to start you WC pay back up. It doesn't matter if they fire you or you quit they have to start your pay back up. They might try to fight it but they have to restart it. If they keep you on at the lower pay for 100 weeks then that becomes your new base pay and you will not get any differential between your new pay and your WC wages.
My employer fired me (for a made up reason) at 89 weeks and my wc pay had to restart. They screwed up because if they waited 11 weeks more then they wouldn't have had to restart my wc benefits.

[Gatekeeper]

OldManOnCampus Wrote:Sorry to let you know but in Michigan the employer doesn't have to offer you your job back. It all depends if your employer is a weasel or not.
I would go talk to lawyer right away. They will not charge for a consultation and it's better to protect your interests.
A lot of employer in Michigan will offer you a lower paying job and then get rid of you at a later date. Just remember the magic 100 week rule. If you lose your job for any reason (yes, any reason) within 100 weeks then W/C ins has to start you WC pay back up. It doesn't matter if they fire you or you quit they have to start your pay back up. They might try to fight it but they have to restart it. If they keep you on at the lower pay for 100 weeks then that becomes your new base pay and you will not get any differential between your new pay and your WC wages.
My employer fired me (for a made up reason) at 89 weeks and my wc pay had to restart. They screwed up because if they waited 11 weeks more then they wouldn't have had to restart my wc benefits.

Thanks for the advice, I am contacting a lawyer today!

[jayne]

if your employer is offering you a job you have to take it,,,or be fired....Go back to work and wait if they fire you or give you any problems then you hire a lawyer.....to talk to one now wont hurt but any monies you get he will get a percentage of...if your not having any problems why rock the boat

[Lilly]

You must return, if your doctor allows you to do Light duty work. If and when you go back...remember to obey any restrictions the doctor has you on...even if the boss tries to get you to do otherwise. Once you return to light duty and at least try it....if you cannot stand the pain, ask to see the doctor again immediately, or go to the ER. Remember, if you up and quit, and do not try light duty...they can fire you, and you'll loose your WC rights to $$$ and future treatments.
Take care & Good luck, Lilly

[Bad Boy Bad Boy]

It would be smart to see if your doctor would allow you to do the job. Then take the offer and atleast try it. If it becomes to painful, then go to the doctor. Seems like your employer is being fair, and working is a good thing if you can do it.

[Gatekeeper]

Thanks for the advice, They are going to let me know on monday or tuesday, if not my boss made the comment " If we cant arrange that the other option for us is a settlement".

[Bad Boy Bad Boy]

Take the job offer....For your now done as being a mechanic anymore... You just need to understand that, even though it's hard to do. If you don't take the job offer now, you won't find other work that easy to find later....

I only wish my employer would of offered me the job offer, for I too was a mechanic.