Pawei Business Directory

TRI-COUNTY LAWYERS SPECIALIZING
IN WORKERS COMPENSATION, ALL INJURIES,
WORKPLACE ISSUES, AND ILLEGAL DISCRIMINATION,

I know what it is like to be backed against the wall by those with power and money. As a youth, I marched in 10 degree weather on a picket line with my father vowing to become a lawyer to help people who find themselves without power. I spent years honing my skills. I am THE EQUALIZER.

I have 34 years of experience and have achieved the HIGHEST POSSIBLE RATING BY THE MARTINDALE HUBBELL© attorney rating company. I have served as an adjunct member of the Workers’ Compensation Appeal Board. I am at the Workers’ Compensation Bureau on a daily basis fighting for the rights of injured workers. My firm specializes in obtaining large, lump sum settlements. I have an extremely successful record trying well over a hundred jury trials. I have written the briefs and argued many cases before all of the higher courts in Michigan and the United States 6th Circuit Court of Appeals in Cincinnati. I live my cases and treat my clients like I’d like to be treated. In fact, most of my cases are referred to me by other lawyers who are seeking extremely high quality, zealous representation for their family, friends and clients.

If you have been injured at work, have been the victim of a wrongful employment discharge, have been injured in any accident or are the victim of malpractice, call me at 248-353-9400. The call is free, the advice is free and there is no fee unless there is a recovery. Our fee is contingent upon a successful outcome.

Remember that there are extremely short periods of time in which to file many cases. Call today so that you do everything possible to maximize your recovery.

A: Yes. If the car was not your vehicle and you did not have the car for more than 30 days, then you are not prevented from recovering damages due to the fact that the car was not insured.

Q: I was involved in a collision and the car that I was in was not insured. Who will pay my medical bills and lost wages?

A: Michigan has a list of priorities that determine who pays the medical bills and lost wages. For example, if the car that you were in was not insured but you have car insurance on your own car, then your car’s insurance company may be responsible for paying the medical bills and lost wages. If there is no insurance available, then the State of Michigan may assign the claim to a random insurance company.

Q: I was driving my employer’s car when the collision occurred. I was injured and have lost time from work. Is this a workers’ compensation case?

A: If your employer had workers’ compensation insurance, then it most likely will be a workers’ compensation case. However, if the employer did not have workers’ compensation coverage, then the car insurance may pay and seek reimbursement from the employer.

Q: How badly must a person be injured in order to have a claim in Michigan for pain and suffering?

A: This is an issue to be determined by the judge. However, the injuries must be severe enough to have made some substantial change in the injured person’s life. The injury or injuries need not be permanent in order to have a law suit.

Q: When must I bring a claim? When is it too late to bring a claim?

A: Claims for pain and suffering must generally be brought within three years from the date of the occurrence. Claims for wages, medical bills and replacement services must be brought much quicker. The insurer must be notified of the incident within one year of its occurrence. Failure to notify the insurer within one year will most likely prevent the injured person from bringing suit. If the insurer is notified of the incident within the year, then suit must be brought within one year of the time that a loss is incurred. In cases for wage loss and medical bills, the insurer generally only owes one year back from the time that suit is brought.

Q: Why should I be responsible for paying my attorney when the insurer should have paid the medical bills?

A: There are provisions in the No-Fault law to have the insurance company pay the injured person’s attorney fee under some circumstances. If it is determined that the insurance company should pay the injured person’s attorney, the judge determines the fee. Also, there are hefty interest penalties if it is determined that the insurance company delayed in making proper payment.

Q: The driver that caused the crash was not insured. Who can I get compensated for my injuries?

A: Many people have uninsured motorists coverage in their own insurance policy. This coverage requires your insurance company to pay you what the uninsured driver should have paid. Also, many people have underinsured motorists coverage. This coverage kicks in when the at-fault driver has insufficient insurance coverage to pay for the damages for pain and suffering. Almost always it is advisable to see a lawyer to pursue such coverage.

Q: How does my attorney get paid if I bring suit against the other driver or the insurance company?

A: The law firm of William S. Stern almost always takes such cases on a contingency. This means that there is no attorney fee if there is no recovery. In the event of a recovery, the fee is generally a percentage of the net amount recovered after costs are reimbursed from the recovery.

A: Workers’ Compensation is essentially one of the earliest no-fault systems. In exchange for giving workers’ a recovery for job related injuries without regard to negligence, the law demands that the worker get a limited recovery. Before Workers’ Compensation laws were enacted, a worker could be denied a recovery if the worker’s own negligence in any way contributed to the injury. People were left without any means of support and without a way to obtain medical treatment. Therefore, workers’ compensation laws were passed that gave a worker a recovery based upon a percentage of his or her earnings, without regard to fault.

Q: What amounts do Injured Employees Receive?

A: Injured employees generally receive weekly benefits based upon a percentage of their earnings, up to a maximum. People with more dependents get more weekly benefits. Certain injuries are called “specific losses”, such as the loss of a limb or eye. Those types of injuries get benefits for a specific number of weeks. Medical bills are generally paid according to a formula. The health care provider can only get what the formula provides and cannot get more from the injured worker. In many cases, workers decide to accept a lump sum instead of weekly benefits. There is no specific formula that is used to decide the amount of a lump sum. Lump sum figures are arrived at based upon many factors, such as the age of the injured worker, the extent of the disability, whether the worker can do any other type of job, and the amount of future medical bills.

Q: When must the Injured worker return to work?

A: Some workers are so severely injured that they never return to work. Such workers receive benefits over their entire lifetime. Other workers have what is known as a closed period of disability, meaning that the worker is off of work only for a specific, limited period of time. During the closed period of disability, the injured worker receives workers’ compensation benefits. Many of the disputes between injured workers’ and the insurance companies involve disputes where one doctor feels the worker is still disabled while another doctor, chosen by the insurer, claims that the injured worker is ready to return to work. Such disputes are resolved by the magistrate.

Q: How does the receipt of workers compensation interact with the receipt of Social Security or Disability Insurance Benefits?

A: When a worker receives workers’ compensation benefits and then receives old age Social Security, the workers’ compensation benefits are reduced. If an injured worker receives Social Security Disability benefits and workers’ compensation, the Social Security payments may be reduced. If a worker receives disability insurance benefits and then recovers workers’ compensation, the disability insurance carrier generally is reimbursed from the past due workers’ compensation benefits that are recovered.

Q: My employer was negligent and I want to sue my employer.

A: Generally, an injured worker cannot sue his or her employer or even a co-employee for negligence, unless the employer intentionally injures the employee and intends to cause the injury. However, an injured employee can sue another employer that is not his or her own employer who caused an injury. However, the workers’ compensation carrier may get a portion of the recovery from the other party responsible for the injury so that the injured employee does not collect for lost wages twice.

Q: Can I force my employer to retrain me for another job?

A: Yes. Rehabilitation is built into the system. If there is a decent likelihood that an injured worker can be retrained to be productive in another area and allow that worker to earn wages, the employer may be forced to pay for such retraining.

Q: I had two jobs at the time I was injured. I cannot work at either job due to the injury. Can my employer be forced to pay workers’ compensation based upon my earnings from both jobs?

A: Yes. Many times a worker with two jobs can add together the wages from both jobs to determine his or her workers’ compensation rate. That rate is then paid by the employer for the worker where the injury occurred. The State of Michigan also has a fund known as the Second Injury Fund that sometimes pays benefits where two jobs are involved.

Q: How are workers’ compensation hearings held?

A: Workers compensation hearings are held in a small hearing room. There are many magistrates appointed by the governor of the State of Michigan to hear such cases. The rules of evidence are generally applied. There are no juries. Medical evidence is generally provided by doctors whose testimony is introduced at the hearing by a written deposition transcript. These depositions generally take place in the doctor’s office where the lawyers question the doctor and a court stenographer puts the testimony into transcript form.

Q: How are attorneys paid in workers’ compensation cases?

A: The fees to attorneys are set by the Workers’ Compensation Bureau and must be approved by a magistrate. Generally, the costs that the attorney expends is first returned to the lawyer if the case is successful. Such costs include payments to doctors for medical records and testimony as well as the transcripts that are prepared by the court reporter. As to the amount that remains after return of costs to the lawyer, the fee on settlements is generally 15% of the first $25,000.00 and 10% for amounts above the $25,000.00. If cases are tried to completion the fee is generally 30% of the past due amounts owed with no fee on future benefits, unless the case goes on appeal. When the State of Michigan set attorney fees in Workers’ Compensation cases, the idea was to afford injured workers access to legal talent similar to what is available to the insurer and/or employer.

The State of Michigan Workers’ Compensation Web site is
www.michigan.gov/wca

A: In the vast majority of cases, the law provides no protection to employees who have been treated unfairly by their employer. This comes as a shock to most people, especially when they have read about someone bringing a successful lawsuit against an employer.

Generally, the law provides protection to people who are discharged from or forced to leave their job under the following circumstances:

a) If the employee was forced to leave the employment due to race, religion, political belief, national origin or due to sex harassment;

b) When the employee had an employment contract which prevents discharge without “just cause”;

c) If the employee is discharged or forced to leave the job due to some issue that is not permissible. For example, a bus mechanic who is discharged for refusing to put a bus upon the road with defective brakes;

d) If the employee has a contract for a definite period of time and the employee is discharged before that time has expired;

e) If the employee was discharged or harassed because he or she threatened to or actually did report improper employer conduct to authorities.

Most wrongful discharge cases are taken on a contingency basis. This means that the lawyer does not get paid if there is no recovery. If there is a recovery,
the attorney receives a percentage of the recovery for the fee.

Q: My employer failed to offer me an accommodation due to a handicap and I was therefore discharged. I may not have been rehired because my employer wants a young workforce. What are my remedies?

A: These are very complicated areas of the law. You should consult with an attorney experienced in this area if you feel that you were wrongly treated by an employer or prospective employer due to a handicap or age issue. Many times, you can file a complaint with the Equal Employment Opportunity Commission and have the government look into the situation. The government can sometimes work out a remedy. If the government does not solve the situation, you have a very limited amount of time to file a lawsuit after being notified that the government is not going to pursue the matter further. In all employment cases, the sooner that you see the lawyer, the better.

A: Social Security defines ‘disability” as meaning when a person is unable to engage in any substantial gainful activity by reason of any medically determinable physical condition or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.

Q: What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI) benefits?

A: Social Security Disability benefits or SSD is paid to people who have worked in the recent years and have earned enough “credits” to qualify if they are disabled. Supplemental Security Income benefits or SSI is paid to people who are poor and disabled even if such people have not worked enough to have built up enough credits to qualify for SSD. Social Security Disability benefits pay a higher rate than Supplemental Security Income.

Q: What is the procedure to apply for Social Security Disability benefits?

A: The Social Security Act requires people who want to apply for Social Security Disability benefits to make the first application themselves. This can be done at a Social Security office or on-line. The Social Security Administration then begins the process of gathering medical information to determine if the applicant is unable to engage in any substantial gainful activity by reason of any medically determinable physical condition or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death. Many times truly deserving people are denied benefits by the Social Security Administration. Those people who are denied then have 60 days to file an appeal. People who feel that they were unjustly denied Social Security Disability benefits should contact a lawyer experienced in handling such cases. Certain conditions give applicants a presumption in their favor. Sometimes the age of an applicant helps them obtain benefits.

Q: What happens at a Social Security hearing?

A: Generally, when a person files an appeal the case is set up for a hearing before an administrative law judge. At the hearing in addition to the judge there usually is a vocational expert whose job it is to testify as to the availability of jobs for individuals with various levels of impairment. The judge then issues a written decision.

Q: I cannot afford to hire an attorney to appeal my Social Security denial. How can I hire an attorney?

A: Attorneys fees must be approved by the Social Security Administration. All of these cases are handled on a contingency, meaning that the attorney fee is contingent upon winning the case. If the applicant does not win, there is no fee. The fee is usually 25% of past due benefits up to a maximum of $5,250.00. Therefore, the applicant pays the attorney indirectly out of past benefits that the government owes. The applicant never pays the attorney directly. Therefore, if you have been turned down for Social Security Disability see an attorney immediately. You can afford it.

If the employment which caused the personal injury or death provided more than 80% of the injured employee’s average weekly wages at the time of the injury, the insurer is liable for all of the weekly benefits. However, if that employer provided 80-% or less of the injured employee’s wages, then the workers’ compensation benefits are apportioned between the employment that caused the injury and the State of Michigan Second Injury Fund.

Another aspect of slip and fall claims is a requirement that the defendant have notice of the defective condition to allow the defendant to fix the problem. This is called the notice requirement. For example, if a person in a supermarket falls on a soft drink spilled by the person directly in front of the customer, it is likely that the supermarket did not have time to wipe up the liquid. On the other hand, if another customer broke a bottle and the liquid stayed on the floor for ten minutes and other customers were not notified, then it is likely that the issue of notice to the market would not be a problem.

Problems have occurred in Michigan law with regard to conditions caused by “black ice”. These are icy conditions that generally cannot be seen and are very dangerous. Some cases have succeeded when such conditions caused people to fall and seriously injure themselves while other cases have been dismissed. The law is in flux regarding this issue.

a) the duty that was owed to the client or patient;
b) the manner in which that duty was violated;
c) how the violation of that duty was a direct cause of damages to the client or patient;
d) the extent of damages

One of the most difficult aspects of any malpractice case is obtaining an expert to testify against another professional. A lawyer from any area of the state familiar with the practice of law can generally testify. A lawyer who holds himself out to the public as having a particular expertise may be held to a higher standard than a general practitioner.

In order to win a legal malpractice case, it is necessary to show that had the malpractice not occurred, the client would have won the case. This is called “the case within the case”. Simply because a lawyer made a mistake does not mean that a malpractice case will succeed. The client must further show not only that the lawyer violated the standard of care owed to the client, but that had the malpractice not occurred, the underlying case would have been successful.

The locality rule applies to physicians who are general practitioners. Dentists and podiatrists are generally considered general practitioners. Many people are surprised to learn that a doctor certified in family medicine is considered a specialist. The locality rule means that an expert witness testifying that another general practitioner violated the duty owed to the patient must be familiar with the manner that medicine is practiced in the local area of the physician being sued. An out of state expert witness may not be sufficiently familiar with the practice of medicine in the area of Michigan in which the doctor being sued practices medicine. However, if the physician is a specialist, then a physician with similar training, experience and certification can generally testify that another physician violated the standard of care, even if the doctor is not from the same area.

There are many very specialized rules pertaining to the manner in which the physician being sued is notified of the claim. This becomes even more complicated in death cases and in cases involving minors. Deviations from these requirements have on many occasions resulted in cases being dismissed. Therefore, it is rare in this day for lawyers whose practice is not primarily devoted to medical malpractice cases to handle such cases.

• Construction Accidents
• Specific Loss
• Job Related Auto Accidents
• Dual Employment
• Third Party Liability
• Lump Sum Settlements
• Social Security Coordination
• Closed Period of Disability
• Open Awards
• Attendant Care
• Q & A

2. Workers Compensation – In another case pending in the Detroit Workers’ Compensation Bureau, the client had a prior eye problem that gave him usable sight in only one eye. A work related assault injured the other eye, giving him vision while staring only straight ahead. He had no side vision. The loss of vision entitled him to benefits from the State of Michigan Second Injury Fund. I filed the petition against the employer and the Second Injury Fund. That case recently concluded with the Second Injury Fund agreeing not only to pay Mr. Ross all past due benefits but to pay him future benefits with rate increases into the future.

3. Workers Compensation – In another workers compensation case in the Detroit Bureau, a man sustained head trauma in the course of his employment causing him to need attendant care. His wife supplied the attendant care. The insurance carrier would not pay the wife the attendant care. I was able to utilize an expert to prove the value of the wife’s services. The doctors testified that the care was necessary. We wound up not only getting the employee a lump sum, but getting the insurance company to purchase an annuity so that if the wife outlived her husband, she would have economic protection.

4. Workers’ Compensation – A client sustained injuries in an auto accident that occurred in the course of her employment as a workers for a non-profit organization. Her lawyer referred this client to me because of my expertise in the areas of auto accidents and workers’ compensation. We brought a claim against the driver responsible for the collision. Utilizing a retired judge as a facilitator, we resolved the claim against the other driver for a substantial amount. At the same time, I filed a petition for payment of wage loss and medical bills. I then resolved the workers’ compensation case obtaining for the client many years of wage loss benefits and payment for her medical bills.

5. Auto Negligence – In a recent case filed in the Macomb County Circuit Court, the client was a passenger in a vehicle driven by a drunk driver. However, the driver of my client’s car. Although intoxicated, did not cause a crash. Another drunk driver smashed into their car causing my client severe injuries. I had to hire an expert to put together the crash scenario. The police officers testified that the driver of my client’s car did not cause the crash. The insurance company refused to pay due to the intoxication of the driver of my client’s car. Eventually, on the eve of trial, the case was settled for a substantial amount.

6. Auto Negligence – Another lawyer referred his elderly client to me because it involved a very serious auto accident that occurred in the course of his employment, thereby involving issues of Michigan’s no-fault law and workers’ compensation. Within nine months, utilizing a facilitator that I knew would be well respected by the insurer, I resolved the case for a quarter of a million dollars.

7. Police Misconduct – My client was roughed up and embarrassed by some police officers when my client protested being evicted from a store where he was getting his cell phone recharged. The police attempted to charge him with loitering. The police wound up dropping the charges and the City of Detroit wound up paying the man a large amount of compensation as the result of this unfortunate experience.

The above cases are just recent examples of the types of difficult cases that I have handled and won. Over my 34 years of experience, I have gone to trial in hundreds of cases, taking many of them up through the appellate courts to eventual victory. These cases have involved medical and legal malpractice, construction accidents, auto collisions, disputes with insurance carriers, premises liability and business disputes. When I first meet the client, I see where the case should go and guide the case along the path to where we will have the greatest opportunity for success. I am not afraid to change course when necessary but do not deviate from that ultimate goal of victory. I am responsible for what happens on your case. However, like all good trial lawyers, I start writing my closing argument when I first meet the client. I prepare the case, go to trial where necessary and prepare and write the appellate briefs when cases go to higher courts on appeal. Don’t be afraid to call or write me to discuss your personal situation. I look forward to meeting you.

William S. Stern

Ernest S. Needle, attorney, Southfield, Michigan Bill Stern has been my attorney for fifteen years.
When I was severely injured in a car accident, he obtained tremendous results that allowed me to literally, take the insurance company to the cleaners! 

Pjeter Markaj, Bloomfield Hills, Michigan I refer my clients to Bill Stern. He has shown me that he obtains the best results and keeps my clients happy. He knows the system and how to get the maximum recovery!
 

Stephen Wood, attorney, Southfield, Michigan I am attorney Jeffrey P. Decoster. I specialize in family law and general practice. When I have a client with a work related injury I refer that client to William Stern because I know that my client will receive top quality representation and get the maximum result.
 

Jeffrey P. Decoster  

Bill Stern got me a great result when I was subjected to police misconduct. After the case settled and the City refused to pay, he dragged them back into federal court. We wound up with more than was originally agreed upon. J.T. Worthy, Detroit

I was injured while lifting at a construction job. The insurer would not pay my doctor nor my weekly benefits. I lost everything. After a big legal battle, Mr. Stern was able to get my benefits and my doctor paid. He even got them to pay interest on what they should have paid in the first place! Mike Spring, Metamora

Bill, All I can say that Stephen Wood was right, you are a Bull dog in the Courtroom, as I saw you have a lot of respect in the Court room and in the law profession. I must say you are the best. The stress that goes along with a divorce is unbelievable, but you kept me together and I thank you for that. You were there every step of the way for me and again, I thank you. It is a shame that things happen, but with people like you to walk someone through this is a great service. I know of your years of experience have made you one of the best lawyers in this field and you should be very proud of your accomplishments. This was a lot tougher than I could have imagined, so once again, thank you. It seems as if you were not only my lawyer but a friend as well. You will always be at the top of your game, and if they had a Stanley Cup for lawyers, you won the World championship more than once. I wish you the best in your career and keep charging hard at the opponent. Dean Cardillo ]]> http://www.sternlawfirm.com/testimonials/feed/ 0 http://www.sternlawfirm.com/attorney-profile/ http://www.sternlawfirm.com/attorney-profile/#comments Tue, 17 Feb 2009 16:38:03 +0000 sternlaw http://sternlawfirm.com/?page_id=4

34 YEARS EXPERIENCE WILLIAM STERN, P.C.
WORKERS RIGHTS TEAM OF LAWYERS SERVING WAYNE, OAKLAND, MACOMB & WASHTENAW COUNTIES William S. Stern and the lawyers associated with the firm are considered the top lawyers in the area. You need the best lawyers as the insurers and large corporations have unlimited resources that they use to eliminate or lower your recovery. When you walk into court with William Stern, you show the opposition that you demand and will receive respect and fairness. William Stern has been a lawyer since 1977. He is a graduate of the Michigan State University School of Law and the University of Michigan. He has prepared and successfully tried all types of complex cases, such as medical malpractice, construction accidents, car and truck collisions, workers’ compensation and Social Security claims. He has earned the highest ratings from other lawyers as evidenced by his top “AV” rating by the Martindale-Hubbell©   attorney rating system for skill, competence and integrity. He is well-respected throughout the metro Detroit area and is a Sustaining Member of the Michigan Association of Justice (formerly the Michigan Trial Lawyers Association), the Oakland County Bar Association and the State Bar of Michigan Negligence, Workers’ Compensation and Family Law sections. William S. Stern AREAS OF PRACTICE Workers’ Compensation Construction Accidents Personal Injury (All Injury Claims) Auto Accidents and No-Fault Benefits All Insurance Claims Dog Bites Nursing Home Abuse Slip & Falls Wrongful Death All Employment Law Issues, such as Wrongful Discharge & Illegal Discrimination The firm of William Stern, PC is also associated with Lahser Legal Services, an association of lawyers with various specialties such as family law, bankruptcy, criminal & immigration law. We have lawyers “of counsel” fluent in Spanish and Arabic.

]]> http://www.sternlawfirm.com/attorney-profile/feed/ 0