What you must know about wage earning capacity and workers compensation

Michigan workers compensation lawyer explains how your wage earning capacity can be used to cut benefits and what you can do to protect yourself.

Something stinks and it can be traced back to our elected representatives in Lansing. Thanks to their misguided efforts, we are now seeing an increase in the number of people who have had their workers compensation benefits cut-off. This is directly related to House Bill 5002 and recent activist court decisions.

Insurance companies are now aggressively reviewing workers compensation claims and using a person’s wage earning capacity to stop or reduce wage loss benefits. It does not matter whether the injured worker can find other work or not.

The issue of wage earning capacity is quite controversial. The new workers compensation law allows an insurance company to reduce wage loss benefits just because they think a person can work somewhere else. These are imaginary wages as it does not matter whether they are earned or not.

Notice of Dispute

Many people assume that an insurance company must pay benefits if they accept an injury under workers compensation. This is not true as the insurance company can dispute the voluntary payment of benefits at any time.

You should receive a document entitled Notice of Dispute if your workers compensation benefits are being stopped. This will usually occur after you have been evaluated by a vocational rehabilitation counselor.

Just because the insurance company says you can find other employment does not make it true. You should contact a Michigan workers compensation lawyer immediately if your benefits are stopped or reduced.

A Michigan workers compensation lawyer can help

Your workers compensation benefits cannot be stopped just because you spoke with a lawyer. The insurance company is counting on the fact that you will accept their decision and not fight back.  It is important to get a workers compensation lawyer involved in your case as soon as possible.

Workers compensation cases are handled on contingency and this means that you do not pay a fee unless you recover benefits. A workers compensation lawyer can show you how to perform a job search and prove that you are entitled to full weekly benefits.

To speak with one of our workers compensation lawyers in Michigan, call (855) 221-2667 for a free consultation. We will fight to protect your legal rights.

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: Warning! New work comp law reduces benefits for injured workers in Michigan

Contact our Michigan workers comp lawyers

Photo courtesy of Creative Commons, 401K.

02/01/2012
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