Southeast Michigan Workers’ Compensation & Personal Injury Lawyer

Important Advice for Anyone Filing an Insurance Claim or a Lawsuit for an Injury

1. Each time you go to a doctor, be thorough and accurate about how the injury happened, and, if you are asked, be thorough and accurate about any past injuries.
2. If an insurance company sends you to their doctor for an “independent medical examination,” secretly record it, if you are alone with the doctor. Then you can compare the doctor’s report about what you actually said and what he actually did. This may be critical because insurance company doctors sometimes lie in their reports. I can help you protect your rights if the doctor lies.

Worker’s Compensation

Marshall Lasser has 40+ years experience representing people who have been injured on the job. Here are critical facts:

1. You have the right to choose your own doctor 28 days after the injury; never stick with the company doctor. If you need a specialist, such as an orthopedic surgeon, call us – We’ve compiled a list of worker-friendly doctors. They are physicians who are not only competent but will stand up for you when your case comes to trial.
2. If the insurance company sends you to an “independent medical examination,” secretly record it if you are alone with the doctor, so you can prove if the doctor lied in his report.
3. If your accident was the result of the negligence of someone other than a co-worker, you may have a negligence claim in addition to a worker’s compensation claim.
4. If your accident involved a moving vehicle (crash; truck hitting a bad pothole) you are entitled to no fault benefits in addition to worker’s compensation benefits.
5. If your accident involved a parked vehicle (for example, moving freight inside or on or off the vehicle), you will be entitled to no fault benefits only if the worker’s compensation insurer cuts off your benefits.

Slip/Trip and Fall

Michigan law currently states that if you slipped or tripped on a hazard that was “open and obvious”, you cannot sue the premises owner except in very rare cases. However, in November 2020 new justices were elected to the state Supreme Court, and there’s a good chance this terrible law will change.

Trucker/ Bus Driver Injuries

Moving Vehicles:

If you are injured in a moving vehicle accident, you may have 3 different claims! First, worker’s compensation, if the injury was on the job. Second, no fault insurance benefits. Third, a negligence claim against the person or company which caused the accident.

Non Moving Vehicles:

Such as an injury moving freight inside or outside a vehicle, or getting on or off the vehicle, or tying down freight on a vehicle. Again, you may have 3 different claims: First, a worker’s compensation claim, if the injury was on the job. Second, a no fault insurance claim, if the worker’s compensation insurer denies the comp claim or cuts off benefits, but only if you have made a no fault claim within the first year after the accident. Third, a negligence claim, if the injury was due to the fault of someone other than a co-workers.

Injuries Involving a Vehicle

No fault benefits and a negligence lawsuit may be available for injuries arising out of a vehicle crash, getting in or out of a vehicle, working on a vehicle. An injury which arises from hitting a pothole or road defect is eligible for no fault benefits, even if there is no crash.

Construction Accidents

A tradesman injured in a construction accident may be entitled to more than worker’s compensation. If it can be proven that the accident was due to the negligence of someone other than a co-worker, you may have a negligence claim for pain and suffering and all lost wages and medical bills.