Michigan workers comp lawyer answers some frequently asked questions about your weekly workers comp checks.
Your employer and its workers comp insurance company have significant responsibilities if you are hurt at work. Michigan law requires the payment of compensation to replace your lost wages.
The amount and duration of your wage loss benefits will depend upon the extent of your disability. Here are some answers to frequently asked questions about your wage loss benefits that you should know.
Q. How much should I be getting from workers comp?
A. Your wage loss benefits are based upon your “average weekly wage.” This can be calculated by taking the average of the highest 39 paid weeks in the 52 before your injury.
Your weekly workers comp check should equal 80% of the after-tax value of your average weekly wage. The maximum is $775.00 per week for 2012. You should be paid throughout the duration of your disability.
If it is determined that you are only partially disabled, your workers comp check can be reduced. You will be considered partially disabled if you have the ability to earn wages in other employment. This is called your “wage earning capacity.”
Watch out for employers and insurance companies who use imaginary wages to reduce your workers comp check. They may tell you that other work is available when it is not.
Q. When do my weekly workers comp checks start?
A. Wage loss benefits do not start until after the first week of disability. Most injured workers are expected to use sick time or vacation days until workers comp starts.
Your weekly workers comp checks should begin on the eighth day after an injury. If you are disabled for a period of two weeks or more, wage loss benefits will be recalculated and started from the first day of missed work.
Many people do not receive their first workers comp check until several weeks after an injury. This is because insurance companies need time to investigate claims and make decisions about payment.
It is a good idea to call a workers comp lawyer if your wage loss benefits do not start within 30 days after an injury.
Q. Why is my workers comp check late or missing?
A. One of the red flags that we tell people to watch out for is late and missing checks. Insurance companies will suspend benefits if they believe you are no longer disabled. You might be the last to know and only find out when your workers comp checks stop.
Get help before your workers comp checks are stopped
If the insurance company is giving you the run around, call an experienced workers comp lawyer right away.
Call (855) 221-2667 for a free consultation with our Michigan workers comp lawyers. We will make sure that you get all the workers comp benefits available under the law.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes 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.