Video Update 2: New workers comp law in Michigan

Michigan workers comp lawyer addresses four major concerns about the new workers comp law.

Here is a video that highlights some of the more controversial changes to the Michigan workers comp law. We want you to know your legal rights so that you can be protected for the future.

Wage loss benefits

“Allows an employer or its insurance company to reduce wage loss benefits based upon a hypothetical wage earning capacity. This means that your wage loss benefits can be cut based upon phantom wages from a job that may not even exist.”

The new workers comp law changes the definition of disability. If the insurance company decides that you have a wage earning capacity, you will be considered partially disabled. Your wage loss benefits can then be reduced based upon what the insurance company thinks you can earn in other employment. It does not matter if you are earning actual real wages or not.

The insurance company is betting that you just will accept any amount offered and go away. You can fight an unfair reduction by filing a workers comp case.  You will need to prove to a magistrate that no reasonable employment options exist within your restrictions, qualifications, and training. An experienced workers comp lawyer can help you win your case.

Medical care

“Extends the period of time that an employer has to select your medical providers. You must now wait 28 days to choose your own doctor or seek a second opinion.”

You have the legal right to select your own doctor. This is important because it avoids a potential conflict of interest with your employer or the insurance company. If your workers comp benefits are ever disputed, you will need a doctor who will be on your side. You must now wait 28 days to make your selection.

Many insurance companies will obstruct you from selecting your own doctor. Insurance companies want to select your doctor to control medical costs and work restrictions. An experienced workers comp lawyer can show you how to get the medical treatment that you need after a work injury.

Pre-existing conditions

“Makes it more difficult to collect workers comp benefits for pre-existing conditions. This will make claims for back and neck injuries more difficult as most people have some degenerative arthritis in their spine.”

The most common reason why workers comp benefits are disputed is because of pre-existing conditions. Back and neck injuries are the most controversial because almost everyone has some pre-existing arthritis or other degenerative changes.

A pre-existing condition does not mean that you did not suffer a legitimate injury or that you are not entitled to workers comp benefits. An experienced workers comp lawyer can help you obtain medical evidence to show that your work injury is something new or different.

Fired for cause

“Allows an employer to stop the payment of workers comp benefits if an employee is terminated for fault. This means that injured workers could have their wage loss benefits taken away just because they violated a company rule or policy. This provision is extremely vague and ripe for abuse.”

The purpose of the workers comp law is to help you get back to work after an injury. Some employers abuse the system and  will use it against you. Employers can always find creative ways to get rid of people they dislike.

It is illegal to retaliate against an employee for asserting his or her rights under workers comp. If your workers comp benefits are unfairly taken away, you need to speak with an experienced workers comp lawyer.

Help is available for your workers comp claim

An experienced workers comp lawyer can hold your employer and its insurance company accountable for paying the correct benefits. Don’t suffer in silence while your legal rights are trampled.

To speak with one of our workers comp lawyers, call (855) 221-2667 for a free consultation. There is no fee unless workers comp benefits are recovered for you.

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 compensation benefits and never charges a fee to evaluate a case.

Related information:

Video: Injured at work? Advice from a Michigan workers comp lawyer

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01/01/2012
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