Part 1 of 2: Tell it to the magistrate …

Our list of 3 huge mistakes that can harm your workers compensation case and jeopardize your benefits in Michigan.

Payment of workers compensation benefits is governed by state law. The Workers Disability Compensation Act (“Act”) defines both employee and employer rights in the event of a work accident.

Not every situation is covered but there are some common issues. If a dispute occurs, it must be decided by a magistrate. Here is our list of 3 big mistakes that can harm your case. Check back tomorrow for how to deal with these issues.

Mistake #1: Refusing to attend the IME

MCL 418.385:

After the employee has given notice of injury and from time to time thereafter during the continuance of his or her disability, if so requested by the employer or the carrier, he or she shall submit himself or herself to an examination by a physician or surgeon authorized to practice medicine under the laws of the state, furnished and paid for by the employer or the carrier.

If he or she refuses to submit himself or herself for the examination, or in any way obstructs the same, his or her right to compensation shall be suspended and his or her compensation during the period of suspension may be forfeited.

Mistake #2: Walking away from your job

MCL 418.301:

(9)(a) If an employee receives a bona fide offer of reasonable employment from the previous employer, another employer, or through the Michigan unemployment insurance agency and the employee refuses that employment without good and reasonable cause, the employee shall be considered to have voluntarily removed himself or herself from the work force and is not entitled to any wage loss benefits under this act during the period of refusal.

(11) “Reasonable employment”, as used in this section, means work that is within the employee’s capacity to perform that poses no clear and proximate threat to that employee’s health and safety, and that is within a reasonable distance from that employee’s residence. The employee’s capacity to perform shall not be limited to jobs in work suitable to his or her qualifications and training.

Mistake #3: Not looking for a new job

MCL 418.301:

(4)(b) For the purposes of establishing a limitation of wage earning capacity, an employee has an affirmative duty to seek work reasonably available to that employee, taking into consideration the limitations from the work-related personal injury or disease. A magistrate may consider good-faith job search efforts to determine whether jobs are reasonably available.

To speak with one of our Michigan workers compensation lawyers, call (855) 221-2667 for a free telephone consultation.

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:

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