How insurance companies defend Michigan work comp cases and issues you should be thinking about before trial.
We recently shared magistrate disposition statistics for 2015. This showed 35 people who went to trial and were denied benefits. It is sad considering these individuals will not receive any wage loss or medical treatment from work comp.
Here are five arguments that insurance companies make to defend cases at trial. Please check back tomorrow for strategies on how to win your case.
Argument #1: “It’s just a degenerative condition.”
It should come as no surprise that most work comp claims involve trauma to the back or neck. Insurance companies disregard facts surrounding the injury if they see preexisting arthritis. Conditions like degenerative disc disease and stenosis are often used to dispute benefits. Doctors hired by the insurance company say your condition is just part of the aging process.
Argument #2: “Only subjective complaints of pain.”
A favorite defense for insurance companies is that a person only has subjective complaints and is not disabled. It can be difficult to pinpoint the exact source of pain and even more difficult to prove that a work injury was the sole cause. Insurance company doctors testify that pain is not supported and restrictions are not necessary.
Argument #3: “Injury was reported on a Monday!”
Employers go crazy when somebody gets hurt at what they believe to be a suspicious time or place. Don’t get hurt on a Monday because your employer will assume you got hurt over the weekend and want a free ride from work comp. Watch out for coworkers who put their own jobs ahead of the truth.
Argument #4: “Walked off the job.”
Reasonable employment is work that poses no danger to health and safety. It should be within medical restrictions and a reasonable distance from your home. It does not have to be limited to jobs within qualifications and training. Employers love to make job offers just to see if you will actually show up. Sometimes the job is beyond your physical capacity to perform.
Argument #5: “Residual wage earning capacity.”
Think of wage earning capacity as the ability to earn wages in another job. The problem is that the insurance company makes this calculation. It does not matter whether a person is earning real wages or can even find a new job. Wage loss benefits are reduced or stopped and the insurance company makes larger profits.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.
Photo courtesy of Creative Commons, by North Charleston.Tags: Michigan workers comp lawyers