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My Employer Won’t Let Me Return to Work With Restrictions

Steven Matz
October 18, 2014 | Car Accident

What happens if my employer won’t allow me to return to work with restrictions?

This question comes up quite often in our cases. Suppose you are injured in an auto accident, maybe even an accident that was your fault.  You have to take some time off work due to the injuries.  After a few weeks, or really any amount of time up to three years after the accident, your doctor says you are able to return to work with restrictions that the doctor puts in writing.

You are eager to get back to work so that you can stop arguing with your automobile insurance adjuster about sending you wage loss checks through no-fault.  And quite frankly you are looking forward to being productive once again, even if it means you are going to have to “back off” certain duties so that you don’t hurt yourself. But when you take the note back to your employer, you are told that they won’t let you come back to work until all restrictions are removed by your doctor.

What happens now? The employer isn’t going to take you back yet, but your adjuster tells you no-fault only has to pay you if the doctor has you completely off work, which in your case the doctor does not.  Bad news? More trouble?

You win this time! Cases in Michigan that have looked at this situation say that the no-fault carrier has to pay you as long as is reasonably necessary (up to three years from the date of the accident maximum) if your employer will not take you back with restrictions imposed by your doctor. Of course, as soon as the doctor lifts the restrictions, the no-fault wage loss will stop, assuming you have a job to go back to. That’s a story for another day.

As with any legal issue, you can add or subtract details from this general rule to make things more complicated or harder to decide. But that’s the general rule. If you are having trouble with your insurance company regarding this common problem, you should talk to a lawyer who is very familiar with the No-Fault system in Michigan.

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Written By Steven Matz

Founding Shareholder

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.

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.

What does 22not33 mean, exactly?

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.

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