Legal Question in Workers Comp in Michigan

I was injured while working, they say I was negligent. Is that true?

I was hurt 1 1/2 years ago while at work. I deliver steel coils and was guiding the ''C'' hook into place when the crane operator (before receiving my go ahead signal) started to move the ''C'' hook. The ''C'' hook came out of the coil because it was not probably seated and ricocheted backwards. I was monentarily picked up off the bed of the truck. Consequently, my arm was almost detached from my body. I have had two surgeries and months of physical therapy. I have returned to work just recently but am still restricted from heavy overhead lifting. Heavy overhead lifting is part of my job due to the fact that I have to untarp and retarp my truck. They (the company I was hurt at) are trying to say that I was negligent because I didn't let go of the ''C'' hook immediately. Some similar analogies of ''accidents happening too quickly'' would probably help my case. What do you think? Am I negligent? Can I disclaim or disqualify that statement? Thank you.


Asked on 1/26/01, 9:36 am

1 Answer from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: I was injured while working, they say I was negligent. Is that true?

What your employer hopes to gain by taking the position that you were negligent is a mystery to me. You have worker's comp insurance coverage regardless, and I assume that you have been getting benefits all along, as you were or are entitled. I'm left wondering what the dispute might be.

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Answered on 3/11/01, 8:03 pm


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