Michigan Workers’ Comp “Reform”: How It Could Affect Your Benefits
In December 2011, Governor Snyder signed House Bill 5002 into law. This legislation brings several substantive and procedural changes to Michigan workers compensation. Below is a breakdown of some of the more important changes and how they could affect your benefits.
The new work comp law:
Changes how wage loss benefits are calculated.
If an insurance company determines that you are only partially disabled, your wage loss benefits can be reduced or eliminated. This is based upon your “wage earning capacity,” which is your ability to find post-injury employment. It does not matter whether or not wages are actually earned. You could find yourself unable to work and not receiving any wage loss benefits.
Lengthens the amount of time that an employer or insurance company has to select your medical providers.
You will now have to wait 28 days from the start of medical treatment to choose your own doctor or get a second opinion.
Eliminates workers compensation benefits for individuals who cannot show that a work injury caused a pathological change in condition.
It won’t matter if you could work before your injury but now have disabling pain.
Makes it even harder to collect workers compensation benefits for an aggravation of degenerative arthritis.
This new evidentiary standard will make claims for back and neck injuries much more difficult, because most people have some preexisting arthritis in their spine.
Allows an insurance company to stop the payment of wage loss benefits if a worker is terminated for “fault.”
This means that you could lose benefits just because you inadvertently violated a company rule or policy.
Abolishes the Qualifications Advisory Committee (QAC) and removes term limits for magistrates.
The selection of magistrates will now be strictly a political decision.
Help from a Michigan workers comp lawyer
All of these workers compensation changes were designed to help employers and insurance companies.
If you find your workers compensation benefits disputed, please call us at (844) 345-0952 or fill out our free contact form.
There is no fee or obligation, and we can protect you when your employer or insurance company is mistreating you.