Getting hurt on the job can drastically affect your life in an instant. You can usually rely on your workers compensation benefits during situations like this, but often actually receiving these benefits can be difficult. Your employer may be fighting your claim and you get denied or maybe the adjuster is not giving you a fair look. Having your benefits denied creates financial difficulties considering you are unable to earn your income. Medical bills on top of other living expenses don’t go away just because you’re hurt.

This is where we can help! Our personal injury law firm in Michigan has helped injured workers in Michigan get the benefits they deserve for over 30 years. One of our Michigan workers compensation attorneys will work with you personally to ensure you receive all the benefits you deserve including lost wages, and medical bills. Call us today at (517) 347-6900 for a free consultation, and there are no fees on your workers comp case unless you receive financial compensation!

Understanding Workers’ Compensation in Michigan

The Michigan workers compensation system is designed to provide benefits to employees if they suffer from a work-related injury or illness.  Understanding Michigan’s complex workers compensation law is important.  The benefits provide a way to cover the costs of medical expenses, wage loss, rehabilitation, long-term disability, or even death benefits for family members of the surviving.

The intention of the workers compensation system is to protect workers but receiving the benefits that you are entitled to can be extremely difficult.  Even if you’ve been a model employee for years, companies don’t like to pay money out of their own pocket…especially insurance companies.  They might deny your claim or try to minimize the compensation that you do receive.

We know the challenges you are facing because of your work injury.  Our Lansing workers comp attorneys have extensive experience handling workplace injury cases and we will help you get the financial resources you need to help you recover.

Common Workplace Injuries Covered by Workers’ Comp

An accident at work can happen in any industry or company, but certain jobs have higher risks than others.  Whether you work in manufacturing, construction, healthcare, or another industry, one small accident can lead to severe injuries that can stop you going to work both in the short term and long term.  Here are some of the most common workplace injuries that our workplace attorneys typically handle.

  • Falls
  • Fractures
  • Burns
  • Auto Accidents
  • Accidental injuries
  • Electrical injury
  • Exposure to harmful conditions
  • Repetitive stress
  • Back injury
  • Shoulder injury
  • Vision Impairment
  • Soft tissue injury
  • Repetitive strain injury

What to Do After a Workplace Injury

Seeking medical attention is the most important thing to do after a work injury, but it’s also crucial to report their injuries to their employer as soon as possible.  If you fail to give notice before the 30-day deadline, your employer might have the right to deny your claim for worker’s compensation benefits.  Here you can find everything you need to know about getting hurt on the job.  The following is a list of things to do following a workplace injury:

  • Seek medical attention
  • Report the injury to your employer
  • Find a list of approved doctors from your employer
  • Follow your doctor’s instructions and treatment
  • File your workers’ compensation claim

Our Michigan workers compensation attorney will be there to help you every step of the process and makes sure the strength of your case is maximized and gives you the best chance of getting your workers compensation benefits.

Why Workers’ Compensation Claims Are Denied

An employer or their insurance company commonly deny workers compensation claims with the intention of delaying benefits or denying benefits.  Some of the most common reasons for denying workers comp claims include the following:

  • The employee was not working at the time of the injury
  • The injury occurred before or after work hours
  • The injury occurred during a lunch break
  • The employee has a pre-existing condition that is unrelated to work
  • The injured worker is fully healed and should resume employment
  • The injured worker isn’t as hurt as he/she claims and is embellishing the injury

Another obstacle is that employers and insurance companies routinely cut off, end, or terminate benefits after what is called an IME (Independent Medical Examination).  An issue is that the IME’s aren’t really that independent and battling these doctors will require the experience of a lawyer in order to win your case and get you the benefits that you deserve.

This Is Why You Need a Michigan Workers’ Comp Lawyer

If you’ve been hurt or injured on the job and your employer and their health insurance company are currently paying for your medical bills and lost wages, you might think why on earth would I need an attorney?  At some point you can expect a change, and that change will be an immediate cutoff of your benefits, or you will be forced to attend an IME (Independent Medical Exam) clinic for a further medical examination.

While these are called “Independent” they are usually anything but.  In theory, they are supposed to be a fair and unbiased exam of your workplace related injuries.  The problem is these doctors are not always fair…. they usually determine in a report that you can go back to work in full capacity because of maximum medical improvement or at least with some restrictions even though your own treating doctor considers you fully disabled.  Once this report is received by the claims adjuster, you will be noticed of a change in your status.

After you are informed that your workers’ compensation benefits are being terminated or reduced, you can file a petition and demand a hearing.  In this hearing you will be going against an insurance company lawyer who has years of experience in cases just like this.

A skilled workers compensation lawyer knows the tactics and ways that insurance companies use to unjustly deny your claim.  We have a great track record of success with workers compensation claims in Michigan.  Get back your unpaid benefits and reinstate your benefits for the future!

What Benefits Are You Entitled to Under Workers’ Comp?

In Michigan, there are two forms of benefits or compensation available to individuals who have been hurt while working.  They include wage loss benefits and medical bill benefits.

Wage Loss Benefits

Workers’ compensation wage loss benefits are 80% of the after-tax value of your average weekly wage.  Calculating the amount wage loss can be quite complex.  If you have questions about whether you are getting the right amount of wage loss, call us today for a free case evaluation.

If the worker weekly wage varies from week to week, The State of Michigan bases the average wage on the 39 highest paying weeks in the last 52 weeks.

If the injured worker either returns to work only part time or at a lower paying position, the injured worker can be eligible for partial wage benefits.  This would help cover the difference between pre-injury earnings vs. post injury earnings.

Medical Bill Benefits

Workers’ compensation should pay for all the medical care for as long as the worker needs treatment for the injuries sustained in the course of work.  Workers’ compensation also states that the medical care and treatment must be both reasonable and necessary.

Disputes will usually occur about what is reasonable and necessary.  If this situation happens to you, call a workers compensation lawyer near you immediately.

Appealing a Workers’ Compensation Denial

It is common for employers to dispute a worker’s comp claim or for their insurance company to deny a claim.  It’s important to know that this isn’t a final decision and that you can appeal.

The injured worker files an application for mediation or hearing form.  All the disputes will be resolved by mediation, arbitration, or a hearing before an administrative law judge.

The workers’ compensation claims process can seem daunting.  The system is against you, and they have an entire legal team that is fighting to protect their own financial well-being.  You need an experienced worker’s comp attorney by your side to protect your interests and do the following:

  • Go over your denial letter and assess why your claim was denied along with finding ways that could get your approval on appeal.
  • Evaluate your case and give you the best course of action for resolving your dispute
  • Conduct depositions to gather evidence and secure expert testimony from doctors
  • Correct mistakes and ensure that the calculation for your wage loss benefits is accurate according to both pre-injury and post-injury wage levels
  • Prepare you and your case for a presentation to an administrative law judge and/or the Workers’ Compensation Appellate Commission

The appellate process can be very challenging, and the demands can be overwhelming.  Having an experienced attorney will give you the best chance of winning your appeal.

Frequently Asked Questions About Workers’ Compensation in Michigan

Who is covered by worker’s comp in Michigan?

Most employers in Michigan are required to carry insurance for workers comp. This is to cover employees who suffer a work-related injury or work-related illness. There are exceptions to this which include some federal employees and independent contractors utilizing a 1099.

What types of injuries are covered under Michigan workers’ compensation?

Any injury that took place in the course of employment should be covered under Michigan workers’ compensation laws. This can include trips, falls, auto accidents, back injuries, shoulder injuries, repetitive injuries, etc. Occupational diseases along with mental injuries that resulted from events of employment are also covered.

How do I file a workers’ compensation claim in Michigan?

You should notify your employer of a workplace injury immediately. Seek medical attention either directed by your employer or the doctor of your choice. The important thing is to create a medical document that reports your injuries. Having a well-documented injury will substantially increase the chances of success. You should then file a report of injury with the Workers’ Disability Compensation Agency. If your employer fails to file a claim, you can submit form WC-117 to the agency yourself.

What benefits am I entitled to under Michigan workers’ compensation?

The eligible benefits include compensation for wage loss, medical expenses, and vocational rehabilitation. Wage loss in Michigan is capped at 80% of the after-tax value of your average weekly wage (highest 39 of 52 weeks averaged) which is also subject to state minimums.

How long do I have to file a workman’s comp claim in Michigan?

You have 90 days to report the injury to your employer. In addition to this, you have up to 2 years from the date of the injury or the date the disability manifests itself to file a claim. If you wait longer than 90 days or fail to file a claim within 2 years, you can lose your eligibility for benefits.

Contact The Clark Law Office for Expert Workers’ Comp Help

After sustaining an injury or illness at work an employee should focus on their health and their recovery.  Instead, injured workers are faced to deal with financial hardships in the form of medical bills and an inability to earn a living wage.  A worker’s comp claim can help to reduce your financial strain and put your mind more at ease.  If you have been injured on the job, call our skilled Michigan workers’ compensation lawyers for a free case evaluation.  Our top rated workers comp attorneys will be there with you every step of the way until your get paid!

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