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john2236

Injured at work

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Wednesday the 3rd at around 1am I was at work and had an injury. I was working on a production line where we manufacture parts that are roughly 100 pounds each. The work involves picking up 100 pound pieces of steel out of metal raw material bins, and loading them into machines.

 

I was picking up one of the last parts in the bin which meant I had to lean over the side of the bin deep down to pick up the part. When I went to lift the part up I felt something in my abdomen. It felt like something was tearing. The pain was sharp and lasted five or six seconds before beginning to quickly fade. While it didn’t completely fade, the pain did fade to only a minor irritation that has persisted till now.

 

When it first happened, I told my supervisor that I felt a pain in my abdomen from lifting the parts, and that the pain had faded. I also said I didn’t feel comfortable lifting them anymore. It wasn't my normal job, I usually perform a different task there, but the machines I normally work on were temporarily down, so my supervisor was fine with my not lifting any more of those parts.

 

Because the pain had quickly faded within minutes, I didn’t think much else of it since the pain had faded so quickly, and I thought I was fine. Or at least would be in a day or two.

Having said that, two weeks passed, and the minor irritation/pain has persisted, so I went to go to my doctor just to be on the safe side (I also remained working the entire time). My doctor said that it would probably be best not to see him, but to go through my employer’s doctor (and process) since the problem originated at work.

 

I brought it back up to my supervisor this past week on Wednesday, and was told that he would talk to the head manager about it when he came in. The following day my supervisor gave me a piece of paper approving me to go to the specific doctor that they wanted me to see at urgent care. I filed a full report at the doctor’s office saying the day and everything that the injury happened.

 

When I went into work today I was asked to file an incident report for my employer’s records. They said that I had to put down the date that I went to the doctor as the injury date, rather than the date that it actually happened, in order for the medical bills to be covered by the employer. I filled out the incident report with the correct information, and didn’t lie on it, and the supervisor said that the head manager would have an issue with it. I said that if he has an issue with it I would speak to him directly when he would be back to work the following day (tomorrow).

 

That is a conversation I will likely have with him tomorrow. My questions for you all here on findlaw include, what should I do? Also, in the state of Michigan, what are the statutes and case law surrounding these things? Would I be screwed if I filled out a report with my employer that is false and conflicts with the report I filed with the doctor’s office? From an employer’s perspective, would they be somehow liable for not sending me to the doctor’s office right away, or isn’t there some type of situation where an employee wouldn’t know the extent of their injury till a few days later requiring a doctor?

 

I know this is long, and I don’t want just free legal advice. I like to navigate through everything and do my own legal research, I’d just like some advice on where to start in researching this myself (where to find the statutes and what not), and maybe some opinions on the topic. I do have an MBA so I'm roughly familiar with the legal system and employment law. I just haven't used my MBA much after graduation and I'm rusty. Again, I’m in Michigan. Also, I should note, I hope it’s nothing more than a pulled muscle or something, and I want to work, so I’m not trying to screw the employer over, but I’m just trying to make sure I protect myself here and know the applicable legislation surrounding such an issue.

 

Thank you, 

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I've been researching this on my own for the last hour and think I found what I needed.

 

 

WORKER'S DISABILITY COMPENSATION ACT OF 1969 (EXCERPT)
Act 317 of 1969


418.381 Claim for compensation; time limit; extension of time period; payment for nursing or attendant care; compliance.

 

"The employee shall provide a notice of injury to the employer within 90 days after the happening of the injury, or within 90 days after the employee knew, or should have known, of the injury."

 

I'd still appreciate any additional input that you all have though, and thank you

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I am a retired insurance professional having spent 35 years in the insurance industry.

 

My advice to you is to stick to your guns about the how and the when and tell it just as you've told it here.

 

If your employer gives you any trouble, file a complaint with the Michigan WCA:

 

http://www.michigan.gov/wca/0,4682,7-191-60870---,00.html

 

Unless your employer is self-insured, your claim should already be in the hands of his workers compensation insurance company. There should be a claim number and a claim rep assigned to. Your employer should not be getting into the middle of this. Ask about that when you have the conversation.

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I am a retired insurance professional having spent 35 years in the insurance industry.

 

My advice to you is to stick to your guns about the how and the when and tell it just as you've told it here.

 

If your employer gives you any trouble, file a complaint with the Michigan WCA:

 

http://www.michigan.gov/wca/0,4682,7-191-60870---,00.html

 

Unless your employer is self-insured, your claim should already be in the hands of his workers compensation insurance company. There should be a claim number and a claim rep assigned to. Your employer should not be getting into the middle of this. Ask about that when you have the conversation.

Thanks adjusterJack, I spoke with someone from HR who said everything is in order, and that the other person was mistaken when they told me about the date thing. So I was going to delete this thread, but don't think I'm able to

 

Thanks again

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AdjusterJack- thank you providing such a helpful response...sounds like you have a lot of experience in this area!

 

John2236- best of luck with everything and be sure to keep the community posted on how everything goes and if you have any other legal questions!

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Thanks adjusterJack, I spoke with someone from HR who said everything is in order, and that the other person was mistaken when they told me about the date thing. So I was going to delete this thread, but don't think I'm able to

 

Thanks again

 

Good that you had a positive outcome.

 

Best to leave the discussion as is. It's good information for others who search the internet with similar questions.

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Good that you had a positive outcome.

 

Best to leave the discussion as is. It's good information for others who search the internet with similar questions.

I agree, but sometimes get to thinking it's best to give a little less detail, and only relevant info for anonymity on my part. Thanks again though

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For the record, yes, the actual date of injury is the correct one to use. It is also best to report any injury immediately, even if you think it may resolve on its own. It is much simpler to change a report only claim over to a med claim than file it late and hope everyone remembers the details correctly. Get those wrong and it takes much longer to resolve.

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For the record, yes, the actual date of injury is the correct one to use. It is also best to report any injury immediately, even if you think it may resolve on its own. It is much simpler to change a report only claim over to a med claim than file it late and hope everyone remembers the details correctly. Get those wrong and it takes much longer to resolve.

Thanks for the input ElleMD!

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