Five stupid workers comp decisions

Michigan workers comp lawyer discusses why insurance companies make bad claims decisions and how to protect your entitlement to benefits.

Insurance companies dispute claims to save money and increase profits. Sometimes these decisions make little sense. Here is our list of stupid workers comp decisions that we have seen in the last few months.

1. Fired for getting hurt at work

We have a client who was fired after his arm got stuck in a machine. His employer said he was at fault and would not bring him back to work. The insurance company cut-off benefits saying his wage loss was attributable to being fired not his work injury. This is a bizarre decision considering that workers comp is supposed to be a no-fault system.

2. Imaginary wages from a non-existent job

One of our clients recently had her wage loss benefits stopped because she was found to have a “wage earning capacity.” This means the insurance company thought she could earn wages in another job. Ironically, her own employer refused to take her back with restrictions. The insurance company also made no distinction between what she could earn before and after her injury.

3. You must have an injury but it didn’t happen here

Insurance companies routinely dispute benefits for individuals who have pre-existing arthritis. The problem is that most people have some degenerative arthritis but never have a problem until after a work injury occurs. Insurance company doctors are paid to testify that these new problems are not work-related. Recently, we had a client who had no pre-existing arthritis but benefits were still denied. The insurance company concluded that our client must have had an injury but it didn’t occur at work. Strangely, there was no evidence of injury anywhere else.

4. Objection! But it’s your own medical expert

We currently represent a man who had been receiving medical treatment under workers comp for years. The insurance company sent him to an independent medical examination (IME) and the doctor confirmed a work-related condition. Benefits were still disputed. The insurance company objected to their own IME and tried to keep it out of evidence. They said it lacked “trustworthiness.”

5. Choose any doctor you like but you’re paying

Michigan law says you can select your own doctor after 28 days. All you need to do is provide his or her contact information and make your intention known. However, insurance companies don’t like to give up control of medical. This results in some people being wrongly told to pay for their own doctor out-of-pocket. This is not correct!

To speak with one of our workers comp lawyers in Michigan, call (855) 221-2667 for a free consultation. There is no fee unless benefits are recovered and we will hold the insurance company accountable.

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 review a case.

Related information:

Video: What you need to know now to protect your rights and obtain your workers compensation benefits

08/01/2012
Injured On The Job: A Guide to Michigan Workers Compensation Law Injured On
The Job
A Guide to Michigan Workers Compensation Law Free Book
Free Consultation
  • This field is for validation purposes and should be left unchanged.