How good intentions can undermine recovery and why professional legal assistance is needed with Michigan workers comp cases.
1. Not immediately reporting an injury
Michigan law requires notice of injury within 90 days. Claim is required within 2 years. The problem is that most employers and insurance companies assume you are lying unless it is promptly reported. We routinely hear from clients who wait over the weekend – hoping it is something minor – only to end up with their claim denied.
2. Failing to show-up for an IME
Everyone knows the independent medical examination (IME) is not a fair assessment. These doctors are handpicked by insurance companies and make careers out of testifying against injured workers. Failing to show-up will result in automatic suspension of your benefits. Challenge these biased medical opinions in court with treating medical evidence.
3. Not coming back to work with restrictions
Walking away from a job is an easy way to screw up a workers comp case. It is tempting to be angry with the employer and insurance company. We tell our clients to make an effort and go home if restrictions are being violated. Health and safety should always come first. Attempting to work shows the magistrate that your job was not abandoned.
4. Refusing to perform a good-faith job search
Some insurance companies use “wage earning capacity” to reduce benefits. It does not matter if the person is working or if the job truly exists. Performing a good-faith job search shows that no employer will hire you with restrictions. This is important evidence that can be used at trial.
5. Not following doctors advice
Some of our clients are desperate to return to work. It is extremely difficult to support a family on just 80% of earnings. Asking a doctor to remove restrictions or not following medical advice is a recipe for disaster.
6. Giving up on your case too soon
Insurance companies routinely fight legitimate claims. One insurance company had a dispute rate over 50% in 2011. Don’t let the insurance company play games with your benefits. Call (855) 221-2667 to speak with an experienced workers compensation lawyer in Michigan.
– 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.
– Photo courtesy of Creative Commons, by kenteegardin.