How to qualify for wage loss and medical under workers comp

Workers comp lawyer in Michigan breaks down the requirements to receive wage loss and medical benefits.

All injuries that occur in the course and scope of  your employment are covered by workers comp. It does not matter how you were injured or if you were even at fault. Benefits are payable if you cannot work, have a reduction in wages, or need medical treatment.

There are no magic words to qualify for workers comp benefits. All you need to do is provide notice to your employer within 90 days of injury and make a claim for benefits within 2 years. Notice and claim can be oral. This means that all you really need to do is tell your employer about your injury and ask for benefits.

Even old injuries can be covered years later if you made proper notice and claim.

What does workers comp pay and how do I qualify?

You are entitled to receive 80% of your after-tax average weekly wage if you are found disabled. This amount will be approximately 60% of your gross weekly paycheck. You are limited to a maximum of $742.00 per week for injuries occurring in 2011.

Disability means a limitation of your wage earning capacity in work suitable to your qualifications and training resulting from a personal injury or work related disease. You must show that you cannot earn the same or equivalent wages because of your work injury.

Some people are able to return to work but at less hours or lower wages. You can get the difference between what you can earn now and what you could earn before your injury. The same is true if your injury prevents you from performing a second job.

What about medical under workers comp?

All reasonable and necessary medical should be paid under workers comp. You should not have any co-pays or deductibles. This is not health insurance and only work-related conditions will be approved.

You can choose your own doctor after 28 days following an injury. You must notify the insurance company of your selection and get approval. This can be accomplished with a telephone call to the insurance adjuster or with a letter providing the name and address of your doctor.

Insurance companies often dispute what is reasonable and necessary medical treatment. It is possible that medical treatment will be disputed based upon a preexisting condition or because you have a degenerative condition. The fact that you have an old medical condition or some arthritis does not mean that your work injury is not real.

Some insurance companies will even deny that you suffered an injury. This usually occurs after an independent medical examination with a paid insurance company doctor. These doctors are not really independent as they make a living testifying for insurance companies.

Why a workers comp lawyer is important for your claim

A large percentage of individuals who are paid workers comp eventually get cut off. The truth is that you cannot fight the insurance company on your own. The law has been stacked against you and powerful interests want to do away with your benefits so they can save money.

Even if you are receiving workers comp benefits, it is a good idea to have your claim reviewed by an experienced workers comp lawyer. There is no fee to make sure that you are receiving the correct benefits under the law.

To speak with an experienced workers comp lawyer in Michigan, call (855) 221-2667 for a free consultation. We will make sure that your legal rights are protected and that you receive fair compensation for your injury.

Alex Berman is the founder of Michigan Workers Comp Lawyers. He’s been representing injured and disabled workers exclusively for more than 35 years.  Alex has helped countless people obtain workers comp benefits and never charges a fee to evaluate a case.

Related Information:

Injured at work? Advice from a Michigan workers comp lawyer

FAQs about workers compensation to help protect you

– Photo courtesy of Creative Commons, by Tamsin Slater.

07/01/2011
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