4121 Okemos Road, Suite 13 | Okemos, Mi 48864
Phone: (517) 347-6900
Fax: (517) 347-2704
Most of the time, employees have no difficulties recovering from injury at the workplace. Unfortunately, there are times when your injury will be contested directly by your employer or within your state’s workers compensation process. This denial of workers comp benefits usually occurs when you have a severe injury and it’s apparent that your recovery will be costly due to high medical bills and a long rehabilitation. If this happens to you, you may benefit from consulting with a lawyer that has experience in workers’ comp litigation. This type of litigation is much simpler than injury cases and most personal injury law firms also handle comp cases.
As mentioned, the most obvious situation for consulting a lawyer is when your benefits that you deserve are being unrightfully denied. There are a few other situations where an attorney can help including when you are told to return to work when it is clearly obvious that you are not ready or capable without subjecting your injury to further damage. Another scenario injured workers often face is when they are denied for disability even though the evidence shows otherwise.
You may think that you have a good relationship with your company and/or employer, but there are still certain things you need to watch out for. Most employers have been in and out of the workers comp process and are very knowledgeable how the law works. Injured workers on the other hand usually have no experience with workers comp and don’t really know the specifics of how the laws work in their state. If your employer tries to get you return to the job with a “custom created position” then you should immediately have red flags going off in your head. Let’s say that you take this position that was created just for you since you’re not able to return to your normal position yet. You may find out a month from now that this new “position” is no longer necessary and they are getting rid of it. Now you find yourself unable to sue for the workers comp benefits you should have been receiving all along. While this certainly doesn’t happen in every occurrence, it happens often enough that you should call an attorney experienced in these types of matters. Another warning sign is if your employer sends injured workers to the same doctor and he has a “reputation” of misdiagnosing his patients. Many times these unethical doctors are more worried about a good business relationship with the employer instead of objectively diagnosing injuries.
About The Author: David M. Clark is a leading workers compensation lawyer in Lansing, Michigan with 30 years litigation experience. He is the lead attorney and founder of The Clark Law Office.
Starting in August 2012, the Michigan Worker’s Compensation Appellate Commission will merge with the Michigan Employment Security Board of Review. This new state agency comes as a result of an executive order that was recently signed by Michigan Governor Rick Snyder. The new commission will focus on appeals that are related to Michigan workers comp and unemployment benefits. This commission will make final judgments on workers comp and unemployment claims. If you have a claim, you should rely on an experienced lawyer to present your case to the commission in the best light.
Rick Snyder, the Michigan governor, is in charge of the commission, and his first job is to elect nine members who will serve on the board. Any appeals that the board hears will have to come in front of three members of the newly formed commission. Their decisions are final, unless a review is requested by the other six members of the team. If a review is requested, then the entire nine member panel must sit and hear the case. The judgment of the entire panel is final, and there are no appeals after their decision is made. It is essential for an injured party to present their case in the best light the first time. Using a skilled attorney is the proactive way to approach unemployment and worker’s compensation claims, and there is help available.
If you have been injured on the job, you can rely on David M. Clark to help. He is the lead attorney and the found of The Clark Law Office. Mr. Clark has practiced in Michigan for more than 30 years and specializes in unemployment and workers’ comp law. Relying on an experienced attorney provides several advantages. First, an expert like Mr. Clark knows the laws that affect personal claims. He can help guide his clients through the entire process and will work hard to ensure that they get a fair claim. The government tries to limit the amount the pay, and professional assistance is essential. Do not let the board take advantage of you. You need the help of experienced lawyers, and our team is here for you. Feel free to call us today @ 517.347.6900 for a free consultation. We can help you with any legal problems, and the initial consultation is free and without obligation.