The Flint Journal & Genesee County Bar Association's "Ask the Attorney"

MACDONALD, FITZGERALD & MACDONALD, P.C

Q. Over the last year many General Motors and Delphi workers have had their weekly Workers' Compensation benefits stopped or reduced. What are the options for the injured worker?

A. As a result of changes to a Collective Bargaining Agreement, many General Motors injured workers have had their benefits reduced or stopped. As a result of the Delphi Bankruptcy, many Delphi employees have lost their Workers' Compensation Benefits. The right of General Motors to take this action to stop or reduce benefits, is being fought vigorously by our law firm in Federal Court and the Workers' Compensation Agency. We are asserting the rights of injured Delphi workers in the Workers' Compensation Agency, subject to the Federal Bankruptcy Court's limitations.

If you had a reduction of your Workers' Compensation Benefits, and you are also receiving Social Security Disability Benefits, there is a possibility that your Social Security Disability Benefits could be increased. Workers' Compensation Benefits and Social Security Disability Benefits cannot exceed 80 percent of your best year of earnings. Therefore, if you have had a reduction in your Workers' Compensation Benefits, you might be entitled to an increase of your Social Security Disability Benefits up to your maximum monthly Social Security amount. The interplay between Workers' Compensation Benefits and Social Security Disability Benefits and also any other Pension Benefits that might be available is very complicated. Should you need advice regarding these benefits, feel free to call our firm.

Atty. Timothy J. MacDonald
--February 2011 column