It's always best to hire a workers compensation lawyer immediately following at at-work injury, to avoid critical problems that usually arise within the first few weeks. Below are some frequently asked questions on getting help from Michigan workers comp lawyers.
To speak with an attorney now, call us at (855) 221-COMP. There's no fee or obligation, and we're here to answer all of your legal questions.
When should I hire a workers comp lawyer?
What can a workers comp lawyer help me do that I can't do myself?
When do I have to notify my employer?
I'm receiving work comp benefits, do I need help?
Can a lawyer help me if my employer or co-workers are being dishonest?
Can a workers compensation lawyer help me obtain benefits?
Can a lawyer help if my employer is discriminating against me?
Q. When should I hire a workers comp lawyer?
A. You should hire a workers compensation lawyer immediately following an injury at work. The first few weeks can be critical to avoiding problems. An experienced workers compensation lawyer can help you at this important time.
Q. What can a workers comp lawyer help me do that I can't do myself?
A. It is very important to get proper medical treatment and to document your injury. The medical history must demonstrate that you had an injury at work and that your symptoms are preventing you from working.
Many workers compensation cases are lost and won based upon this information. This is especially true if you had a preexisting condition that was made worse.
Here's more information on what a workers comp lawyer can do for you.
Q. When do I have to notify my employer?
A. You must provide notice to your employer of your injury within 90 days. You have two years to make a claim for workers compensation benefits. If you do not provide proper notice and claim, you could be forever barred from collecting workers compensation benefits.
Many individuals suffer injuries that end up lingering. Some do not even stop working for months. This will not matter if you provided proper notice and claim.
Q. I'm receiving work comp benefits, do I need help?
A. Do not wait until your workers compensation benefits have been stopped to seek help. A good workers compensation lawyer can assist you with minor issues before they become major problems. All advice is confidential and your employer does not even need to know.
You can also lose out on substantial workers compensation benefits if you do not file a case within one or two years. If you were paid workers compensation in the past, you can collect benefits going back one year from the time you filed. If you were never paid any workers compensation benefits, you can go back two years.
You can always claim future workers compensation benefits.
Q. Can a lawyer help me if my employer or co-workers are being dishonest?
A. Yes. Many people put their workers compensation benefits at risk by unintentionally doing the wrong thing. For instance, we see employers who will tell you to remove your work restrictions and then fire you a few weeks later.
We also see individuals who are shocked to learn that their co-workers will lie to protect their own interests.
You should not involve co-workers in your workers compensation claim or ask that your doctor remove restrictions just because your employer told you to come back to work.
A workers comp lawyer can guide you through scenarios like this and help you avoid mistakes that can ruin your workers compensation lawsuit.
Q. Can a workers compensation lawyer help me obtain benefits?A. Yes. Many employers and insurance companies will ignore the facts surrounding an injury and dispute workers compensation benefits for no good reason. You should definitely contact an experienced workers comp lawyer, who can fight for your benefits, if this occurs.
Unfortunately, the law is stacked against you and you cannot win on your own. You cannot simply tell the magistrate about your injury and expect to win. A Michigan workers comp lawyer will need to present deposition testimony from your doctor and from a vocational expert.
Some employers and insurance companies will agree to pay work comp benefits on a limited basis. This is not correct, because the law requires payment of all medical care and wage loss if you cannot work.
Disputes often arise as to what is reasonable and necessary medical treatment. You may also find your wage loss stopped because your employer, the insurance company or the "independent medical examiner" say you can work.
Recent changes to the workers compensation law allow an insurance company to reduce benefits if you are found to be only partially disabled. This will be based upon your post-injury wage earning capacity. An experienced workers compensation lawyer can show you how to protect your benefits through a job search and prove that no work is reasonably available.
Q. Can a lawyer help if my employer is discriminating against me?
A. Yes. The law also makes it illegal for an employer to discriminate against you for seeking workers compensation benefits. You cannot be discharged, suspended, disciplined, demoted, or retaliated against just for exercising your legal rights under workers compensation.
This would be sufficient for a separate lawsuit against your employer. It is important to speak with an experienced workers comp lawyer to make sure that all of your legal rights are explored.
Call us at (855) 221-COMP or fill out our free consultation form.
Even if you're receiving work comp benefits, it's a good idea to consult with a workers compensation lawyer, to make sure that you're receiving the maximum benefits available under the law.
We will not charge you a fee to evaluate your case or to guide you through the workers compensation process.