Michigan work accident lawyer explains how both workers compensation and no-fault benefits are available if you are hurt in a work-related car accident.
Many people are confused about what benefits are available after a work-related car accident. They are surprised to learn that claims exist for workers compensation, no-fault, and possibly against the negligent driver.
It doesn’t get any easier when multiple insurance companies show up requesting information. Depending on what type of claim you make, you could receive wage loss benefits, unlimited medical treatment, mileage reimbursement, attendant care, as well as pain and suffering.
If you are hurt in a car crash, it is important that you speak with an experienced work accident lawyer as soon as possible. You could be missing out on substantial benefits if you wait too long. You could also find yourself making the wrong types of claims and having to pay money back. Don’t rely on insurance companies to explain your legal rights!
Here is some information about workers compensation and no-fault that you should know. If you have any specific questions about these claims, please feel free to call our office at (855) 221-COMP and we will be happy to assist you.
Workers compensation in Michigan
Workers compensation is a type of insurance that is purchased by your employer. It is designed to protect both employers and employees in the event of a work-related auto accident.
Workers compensation pays lost wages if you cannot work, medical bills, mileage reimbursement, attendant care, and vocational rehabilitation. Workers compensation insurance is considered primary and will pay before other insurance.
Your wage loss benefits will equal 80% of the after-tax value of your average weekly wage. This benefit can be paid for life.
No-fault insurance in Michigan
A person who is injured in an automobile accident while in the course of his or her employment is also entitled to benefits from no-fault insurance. While these benefits appear similar to workers compensation, they are different.
Payment of benefits should be made through workers compensation first. Extra benefits can then be collected through no-fault insurance. However, you cannot have a double recovery.
No-fault pays 85% of lost wages for three years, unlimited medical treatment including attendant care, and replacement services of $20 per day.
You may also have a claim against the driver who caused the car accident. This is in addition to workers compensation and no-fault benefits. You can collect pain and suffering damages from the at-fault driver.
Any amount recovered from the negligent driver, after deducting a proportionate share of costs and attorney fees, will first reimburse your employer or its insurance company for workers compensation benefits paid. The balance of the recovery will then be paid to you and treated as an advance payment of any future workers compensation benefits.
It is important to have an experienced work accident lawyer on your side to minimize the amount that you have to pay back. Sometimes you can negotiate with workers compensation to give up its share of the money as part of a settlement.
Hire the best work accident lawyers in Michigan
The goal of any good work accident injury lawyer is to maximize your recovery. Many lawyers who do not regularly practice in this area of the law miss important issues. This can cost you significant benefits!
To speak with one of our work accident lawyers in Michigan, call (855) 221-COMP for a free consultation. There is no fee unless benefits are recovered for you.
- Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to review a case.
- Photo courtesy of Creative Commons, by cygnus921.