Jay Trucks and Associates Legal Blog

Auto accidents are always nerve-wracking, but it is important to remain calm and take a few important steps. Be sure to call the police right away. Medical personnel will arrive rapidly to check on the health status of everyone involved. Other recommendations to follow at the scene of an accident include the following:

• If you can safely do so, get your vehicle out of traffic to avoid more damage or personal injury.
• Obtain the other driver's name, address, phone number and vehicle registration number. If you have reason to believe the other driver has had too much alcohol, inform the police officer. Be certain to speak to witnesses as well and obtain their names, addresses and phone numbers.
• Request the police report number from the police officer and inquire when and how you can get a copy of the report.
• Inform your insurance company regarding the details of the accident.
• Obtain any necessary medical treatment right away, and be sure to continue your treatment for as long as it is required.
• Do not contact the other driver's insurance company. Tell that company's insurance representative to contact your attorney.
• Arrange to have photos taken of the damaged vehicles and of skid marks if these are present. Take these photos quickly as skid marks begin to disappear after a few days.

If you have experienced an auto accident, please contact Jay Trucks & Associates, PC at 1-800-762-8623; we can help you learn your rights in accident situations and obtain all the compensation you deserve under the law.

Q. My doctor told me to stay off work to recover from my work injury, but my employer's insurance company is telling me I have to apply for other jobs in order to receive a workers' compensation check. Is this right?

A. Since the beginning of Workers' Compensation in Michigan in 1912–until a Michigan Supreme Court decision several weeks ago-- an out-of-work injured worker was eligible for weekly benefits if the worker and the treating doctor stated that the worker could not perform his previous work because of his work injury. Several weeks ago, a majority of Michigan Supreme Court Justices (those appointed by former Governor Engler, including Chief Justice Cliff Taylor who is up for re-election in November), invented a new rule that most injured workers must meet in order to receive weekly benefits. The Court invented a requirement that most injured workers must prove they cannot obtain work within their qualifications and training. They must prove it by either unsuccessfully searching and applying for dozens of jobs or by spending thousands of dollars hiring a so-called "vocational expert" to testify that they cannot obtain work within their qualifications and training due their injury. Common sense tells us an out-of-work injured worker living in doctors' offices, on strong narcotic pain medications, is not in a great position to engage in an extensive job search or in great financial shape to hire a pseudo-expert in order to collect a weekly comp check. This decision is terrible and must be overturned by the Michigan Legislature or by a new Supreme Court. In the meantime, every injured worker attempting to receive, or currently receiving, workers' compensation benefits should consult with a lawyer specializing in workers' compensation to take steps to protect their rights and benefits.