Common employer excuses as to why workers’ comp is not available

How some employers attempt to game the system and why help is needed with a workers’ comp claim is disputed.

Employees hurt on-the-job in Michigan are entitled to workers’ comp benefits. These include lost wages, medical treatment, and vocational rehabilitation. Payment continues for the length of disability and/or for as long as medical care is needed.

Unfortunately, some employers attempt to game the system and will not even make the insurance claim. This is done to save money on premiums and other costs. Here are some common excuses that our clients have been told.

“We don’t have workers’ comp insurance.”

Michigan law requires almost all private employers to obtain workers’ comp insurance. It is considered a misdemeanor to not have this coverage. Employing just 1 person for 35 hours or more per week can trigger this requirement. Benefits are still owed even if the employer does not have workers’ comp insurance.

“You waited too long to report the injury.”

Michigan law says an employee must notify his or her employer within 90 days and make a claim for benefits within 2 years. Notice can be oral so just telling a superior about getting hurt could be enough.

“You are an independent contractor.”

Employee misclassification is a big problem in Michigan. This is when a company says an employee is an independent contractor regardless of the facts surrounding the employment relationship. Michigan law relies upon an IRS test to determine employment status.

“We pay cash under the table.”

Promises to pay cash instead of workers’ comp are rarely kept. Watch out for employers who insist that a person lie about how the accident occurred. This can be fatal to any workers’ comp lawsuit.

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 (844) 201-9497 for a free consultation today.

Related information:

Can I sign away my workers’ comp rights?

Photo courtesy of Creative Commons, by John-Morgan.

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