Is my employer breaking workers’ comp laws?

Michigan employers are breaking workers’ comp laws every day and suggestions to protect your legal rights.

We take great pride in helping people hurt on-the-job. Many of our clients have never considered what happens if they become disabled and the stress can be overwhelming.

Statistics published by the WCA show some employers/insurance companies have dispute rates exceeding 20%. This results in thousands of new cases being filed each year. But what happens to those individuals who do not fight back?

Here are four ways employers in Michigan are breaking workers’ comp laws. Know your legal rights and do not suffer in the dark!

1. Failing to purchase mandatory workers’ comp insurance

Michigan companies are generally required to purchase workers’ comp insurance if they have 3 or more employees at any given time or 1 employee working 35 hours per week. This is designed to protect both employees and employers. Failing to obtain workers’ comp insurance is considered a criminal misdemeanor. It is possible to check whether an employer has workers’ comp insurance by searching this online database.

2. Not promptly reporting work injury

We see bad employers telling people to lie about getting hurt all the time. Promises about paying medical bills and wage loss benefits under the table are rarely kept. It is the responsibility of the employer to report injury when disability exceeds 7 consecutive days. If an employer refuses to cooperate, the employee can file his or her own Report of Claim.

3. Employee misclassification

A major problem in the workers’ comp system is when employees are misclassified as independent contractors. This is done for the purposes of lowering insurance premiums and evading payment of workers’ comp benefits. It has a real human cost when a person hurt at work cannot get medical treatment or support his or her family. It is also unfair to good employers who play by the rules and end up with higher costs. Watch out for employers who say you are an independent contractor but have total control over your employment.

4. Retaliation for making a claim

Michigan law says an employer cannot discharge an employee or in any manner discriminate against them because of the exercise of a legal right under workers’ comp. Simply asking for medical treatment or wage loss benefits is enough to trigger this protection. We recommend speaking with an attorney if an employer takes some adverse action.

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.

Related information:

Can I be fired while on workers compensation?

Photo courtesy of Creative Commons, by j3net.

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