Any injury or disease caused by employment is supposed to be covered under workers’ compensation insurance. The most common injuries happen due to a traumatic event at work—for example, lifting something heavy and herniating a disk. Occupational diseases that develop over time from work activities should also be covered. This includes degenerative disc disease, carpal tunnel syndrome, asthma, and hearing loss.

Employees who cannot work because of an accident or illness can make a workers’ compensation claim. Depending on your circumstances, you might be eligible for compensation for your lost wages, medical treatment, vocational rehabilitation. However, to get these benefits, you must file a legal claim.

Filing a claim involves two important steps.

1. Giving notice: you must notify your employer within 90 days of the injury. Notice can be verbal, so just telling a supervisor or manager is enough.
2. Making a claim: you must make a claim within two years of your injury. A claim can also be verbal, so asking for paid time off or medical treatment is sufficient.

Once you’ve notified your employer and made a claim, it will file a formal, written claim on your behalf. If they do not, you may file a form WC-117 with the Michigan Workers’ Disability Compensation Agency. Employees who provide notice and claim have protected their legal rights and can seek workers’ compensation benefits anytime in the future.

There are strict deadlines, called the one- and two-year back rules, that might limit your benefits. Watch out for employers who refuse to accept work injury claims and make sure to get one of our Michigan workers’ comp lawyers involved right away.

Employees hurt on the job are usually eligible for workers’ compensation benefits.

• Wage loss benefits: 80% of an employee’s after-tax average weekly wage. Lost wages should be paid while an employee is disabled.
• Reasonable and necessary medical care: your employer or its insurance company should cover all your work-related medical bills, medications, and other healthcare costs.
• Vocational rehabilitation: if you cannot return to your past work, you can get help finding another job (this can include returning to school to learn new skills). However, some insurance companies use vocational rehabilitation to pressure workers into settling their cases.
• Attendant care: family members can get paid up to 56 hours each week for helping with activities of daily living.
• Mileage: the insurance company should compensate you for driving to and from doctor’s appointments.
• Equipment and home modifications: medical devices (like wheelchairs, prosthetics, and TENS units) and vehicle and home modifications should be covered when appropriate.

However, employers can dispute your benefits at any time. If the insurance company is sending you to an IME (independent medical examination) or a vocational counselor of their choosing, these are red flags—and you should immediately consult with a Michigan workers’ comp lawyer.

If your benefits are terminated, you must file an Application for Mediation or Hearing to challenge the dispute—your attorney can help you with this process.

In Michigan, work injury claims are rarely simple and they often require an experienced workers’ comp lawyer for detailed analysis of your medical records, work history, and functional capacity. A single mistake can lead to a denial or reduction of your benefits.

Additionally, insurance companies have attorneys on staff who review claims even before they are disputed. They use private investigators and defense medical examiners to play dirty. They are looking for an excuse to stop workers’ compensation benefits.

It is always recommended that you have an attorney on your side to level the playing field. There is no fee to meet or discuss a claim with our work injury attorneys. Find out about hidden dangers before they jeopardize payment of medical or wage loss benefits.

In Michigan, it is critical to hire a workers’ comp lawyer right away. Understanding your legal rights is the best way to protect yourself and maximize settlement value. Our work injury attorneys can ensure the correct amount of wage loss is being paid and expose potential legal issues. There is never a charge to evaluate a case and fees are only paid if additional money is obtained.

The State of Michigan sets a fee schedule for all work injury claims, and the percentages for attorney costs depending on how your case resolves. For example, if your case goes to trial and a workers’ compensation magistrate awards you benefits, your attorney might get a 30% attorney fee.

However, if you settle before trial, they should get 20% of the first $100,000 and 15% of the remaining settlement. Different attorney fee structures might apply depending upon whether the case is disputed or not. If you want to understand which rates apply to your case, please contact our office for more information.

When choosing the best Michigan lawyer for your case we recommend you choose one with many years of experience with workers’ comp claims. When choosing an attorney, it’s important to ask what percentage of their cases involve work injury claims and what results should be expected.

Watch out for attorneys who dabble in the field because inexperience can lead to critical mistakes. Make sure you have a good rapport with any attorney and feel comfortable discussing problems with them. Our experienced work injury attorneys will be happy to discuss your qualifications and provide a free consultation.

Insurance companies want to deny claims because it saves them money. Employees who find their workers’ compensation benefits denied should file an Application for Mediation or Hearing. This will start a formal court process where a magistrate will decide if additional workers’ compensation benefits should be paid. Medical evidence from your doctor can be used to prove entitlement. We think it is a good idea to hire a Michigan workers’ comp lawyer and challenge any unfair denial, so legal rights are fully protected. Many denied claims are eventually settled for a lump sum cash payment.