What is workers compensation?

Work injury attorney in Michigan explains the purpose of workers compensation and how to make sure that you get the most benefits available.

Workers compensation is a type of insurance that is designed to protect you in the event of a work injury. Almost all employers in the State of Michigan are required to purchase this insurance for their employees.

Workers compensation is a compromise between employer and employee interests. It protects both parties in the event of a work accident.

Workers compensation does not require that you show fault to get benefits. You only need to prove that you were hurt at work to be eligible. In exchange for this automatic protection, you are limited in the type of benefits that you can collect.

There are four primary workers compensation benefits that you should know about. Here is some information about each to help you understand your legal rights.

Workers compensation requirements

1. Wage loss benefits (lost wages)

Many disputes over workers compensation occur because an employer or its insurance company are paying too little. The amount you should receive is based upon a percentage of your “average weekly wage” before your injury.

Overtime, premium pay, and bonuses should be included in your average weekly wage calculation. Even the value of discontinued fringe benefits can sometimes be included.

The amount of wage loss benefits that you should receive will equal 80% of your after-tax average weekly wage. These cash payments are income tax free.

2. Medical treatment

Some employers will refuse to take responsibility for a work injury and tell you to use your own health insurance. This is not correct and can cost you big money in deductibles and co-pays. You should not owe anything for medical treatment under workers compensation.

After 28 days from the start of medical care, you have the right to select your own doctor. Your employer can recommend a doctor but you have the right to choose for yourself.

Workers compensation pays for all reasonable and necessary medical treatment that you need. This includes attendant care to help you with activities of daily living. Family members can get paid up to 56 hours per week for providing this type of care.

3. Vocational rehabilitation

Workers compensation can provide up to 2 years of vocational rehabilitation. Vocational rehabilitation is designed to help get you back to gainful employment. Many people use vocational rehabilitation to get retrained or to obtain college credits.

Watch out for insurance companies who try to use vocational rehabilitation against you. The goal should always be to get you into a real job and not to just cut your benefits.

4. Mileage reimbursement

You should get a mileage check every time you see a doctor or need to attend a medical appointment. If you need to travel far away from your home, you could be entitled to hotel and meal reimbursement.

Workers compensation attorneys

Insurance companies want to save money and will do so at your expense. You may not be told about all the available benefits.  An experienced workers compensation attorney can hold the insurance company accountable for paying the correct amount.

We will fight to make sure that you get all the workers compensation benefits that you deserve. This will help you recover faster and have a better result.

Call (855) 221-2667 to speak with one of our workers compensation attorneys today. The call and advice is free. You only pay an attorney fee if you receive additional workers compensation benefits or a lump sum settlement.

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:

How to calculate your workers comp rate in Michigan

Contact our Michigan workers comp lawyers

Michigan Workers Compensation Agency (WCA)

04/01/2012
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