“What happens if my employer fills my position while I am on auto-related disability?”
Suppose you are injured in a motor vehicle collision in Michigan. You are off work by doctor’s orders for a period of time, and then are released to return to work. Unfortunately, while you were gone, your employer needed someone to do your job, so the employer hired someone else. You are “terminated” (fired). Let’s keep it simple and say that you have no union or any contract of employment to rely upon. Also, you have to be let go because you were unable to come to work due to injuries, not for doing something improper at work.
Are you in a bind now, having no job, but also not being considered disabled from your old job by your doctor?
Not necessarily. Court cases that have looked at this situation say that you can continue to apply for no-fault work loss from your car insurance until you find another job. Of course, you have to make a reasonable effort to get a new job, and your no-fault adjuster might even assign a “job coach” to help you look for work (and to make sure you are really trying to find work).
Don’t forget that a different way you could go in this situation would be to see if you qualify for unemployment benefits. Since you consider yourself able to work in the example we are talking about, and your doctor has approved your return to work, you would satisfy the condition of being willing and able to accept a job, which is part of being eligible for unemployment benefits. There are other rules that apply.
If you get in a situation where your employer moves on without you while you are off on medical following a car accident, you should talk to a lawyer who understands this problem. Ask the lawyer to explain your options. Matz has experience serving cities across Michigan such as Portage, Sterling Heights, and beyond Grand Rapids.
Steven J. Matz is a founding shareholder of Matz Injury Law. The firm’s concentration is on personal injury litigation, with an emphasis on traumatic brain injury.
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The maximum contingency fee permitted by law is actually 331/3%. Michigan court rules require that the attorney fee be computed on the net sum recovered after deducting all disbursements properly chargeable to the enforcement of the claim.
We can charge 22% while virtually all other injury attorneys charge 331/3% because we are very, very, good at obtaining results for our clients.
We do not spend millions of dollars on television ads; instead, we offer a lower fee to all our clients. We do not have dozens of lower paid associates handling our work. All our clients are represented by Steven and Jared Matz. Steven Matz started the firm in 1977 and since then has dedicated his life to representing injury victims. Jared joined the firm in 2016 but grew up listening to stories, discussing theories, and generally learning at the dinner table about how to effectively and compassionately represent injury victims. Jared Matz was literally born to represent individuals involved in motor vehicle crashes.
All of our cases are handled on a contingency fee and all our cases are handled at 22%. Whether the case settles or goes through trial, the fee does not change. While our competitors make excuses as to why they charge so much, we are obtaining results for our clients at a lower fee.
At a typical television advertising law firm, your first call will be handled by a receptionist, who may refer you to an intake person, who will discuss your claim with an intake manager, who then discusses your claim with an associate, who may then report to a partner. You may never speak with the person whose name is at the top of the letterhead. At Matz Injury Law you will always speak with either Steven Matz or Jared Matz.