Common Workers Compensation Myths
Back in 1912, Michigan’s State Legislature enacted laws for the purpose of protecting employees who suffer an injury while on the job. What is now known as Michigan’s Workers’ Disability Compensation Act provides injured employees with compensation for the payment of medical bills as well as loss of income.
The Workers’ Disability Compensation Act covers all injured workers in the state, and the Michigan Workers’ Compensation Agency is the primary agency that handles compensation claims.
The legislation intended is to make worker’s compensation insurance companies responsible for any injury sustained by a covered employee. Included in the compensation are full payment of injury-related medical bills and partial compensation for lost wages if the employee is unable to go back to work due to the injury. The law also covers permanent disability or impairment that may have resulted from the workplace accident.
Michigan is a No-fault State
Michigan has a worker’s compensation no-fault system. Essentially, that means you are entitled to compensation even if your employer did not cause the accident. You simply have to show that you sustained the injury in the course of performing your employment tasks and then take the steps to filing a claim.
4 Common Myths about Workers Compensation
Here are four common myths when claiming workers compensation.
- My employer will file an injury report so I can claim compensation.
While your employer is required to file an injury report with the state of Michigan, not every company does. Also, even if your employer does file all the pertinent documents, it does not automatically protect your rights under Michigan’s workers’ compensation law. There have been cases where lawyers have to file a Petition for Benefits on behalf of an injured employee just to make the insurance company aware of the accident.
- I have to file a lawsuit against my employer in order to claim compensation.
You don’t need to file a lawsuit against your employer. If you are not receiving benefits that you are entitled to, get a lawyer to file a Petition for Benefits against the insurance company. Compensation claims for work-related injuries are not subject to civil litigation but go through an administrative hearing process.
- I am entitled to compensation for pain and suffering caused by a work injury.
Unfortunately, the Michigan Workers’ Disability Compensation Act considers pain and suffering as non-economic damages. The only benefits that you are eligible to recover are for medical treatment, lost wages, impairment benefits, and any unpaid amount that has not been provided yet.
- I am not entitled to worker’s compensation benefits if the accident is my fault.
You are still eligible for full benefits, even if the accident is your fault. Michigan’s worker’s compensation law does not take fault into account unless your employer deliberately tried to injure or kill you. Here is an outline in Michigan for full benefits.
Be Proactive and Learn about Worker’s Compensation Benefits
Accidents do happen on the job, and the law is there to protect you should you be injured. The most prudent thing to do is to hire a Michigan lawyer who specializes in worker’s compensation cases. The insurance company is not your best resource when it comes to worker’s rights. Not only is it against their interest to help you, but adjusters are also not the most knowledgeable about worker’s compensation benefits. Here is what every worker should know.
Get a Michigan Worker’s Compensation Lawyer to Protect Your Rights
Getting hurt while at work can drastically change your life. While the law is supposed to help you in these situations, it can be difficult to claim and actually receive benefits. In some cases, your own employer will dispute your claim, or your claim is unfortunately assigned to an unfair adjuster.
Medical bills continue to pile as you recover from your work-related injury. Plus, because you have to stay in the hospital or undergo prolonged rehab at home, you are unable to provide for your family. Having your benefits denied can add to this difficulty.
You must know your legal rights! That way, insurance companies or even your own employer does not take advantage of you. If you or someone you love was injured while on the job, call The Clark Law Office. Our Michigan personal injury attorneys have been helping workers for over 30 years. We will work with you personally to make sure that you receive all the benefits that you are entitled to.
Call us at (517) 347-6900 for a free consultation. You are not required to pay anything until we win your case. Allow us to help you finally receive the financial compensation you deserve. Contact us today.