Michigan workers’ comp lawyer talks about benefits and suing an employer.
Michigan workers’ compensation law protects employees who are injured at work giving them certain legal rights. It is a compromise between employee and employer interests. Employees receive guaranteed medical and lost wages in exchange for giving up the right to sue in a civil action.
Employees hurt on-the-job need not prove negligence to receive benefits. They are covered even if the accident was because of their own fault. Workers’ compensation covers not just specific injuries at work but also occupational diseases that develop over time.
I was injured at work, what are my rights?
If you are injured at work in Michigan then your legal rights entitle you to workers’ compensation. Workers’ comp is a safety net that give employees money for wage replacement, medical treatment, and rehabilitation.
Medical treatment is covered 100% without any copays or deductibles. This includes doctor visits, transportation costs, prescription drugs, physical therapy, durable medical equipment, hospital stays, and surgery. Employees can select their own doctor after 28 days from the start of care.
Attendant care is a hidden benefit that insurance companies rarely talk about. It pays relatives up to 56 hours per week at the same hourly rate as a professional to help with activities of daily living. Examples include preparing meals, getting dressed, using the bathroom, personal hygiene, wound care, and taking medications.
Disabled employees can also get home and vehicle modifications when appropriate. Make sure to speak with a lawyer about how to get these items covered by the insurance company.
If I get injured at work do my rights allow me to get paid?
It is the employees right to receive 80% of their after-tax average weekly wage if they become hurt and disabled from a workplace accident. A good rule of thumb is 60% of gross pay is the weekly comp rate.
This is based upon the highest 39 paid weeks in the 52 weeks before getting hurt. Overtime, second jobs, and discontinued fringe benefits are to be included. This is a tax free money and it can be traded for a lump sum cash settlement.
I was injured at work do my rights allow me to sue my employer in Michigan?
If you are injured at work in Michigan, your rights entitle you to workers’ compensation which is the exclusive remedy. You cannot sue for pain and suffering. It is possible to file a lawsuit against a third-party if they caused the accident. Employers can be held accountable if they committed an intentional tort.
I have been hurt on-the-job, here’s what to do:
Employees must report an injury within 90 days of it occurring. We recommend asking to fill out an accident report and keeping a copy. Employees must also make a claim for workers’ compensation benefits within two years. This simply requires asking for medical treatment and/or lost wages. Send the request in writing so there is proof this occurred.
Watch out for employers who refuse to accept a workers’ compensation claim. It is possible to mail a form to the Workers’ Disability Compensation Agency and bypass this obstruction. Notice will be automatically sent to the responsible insurance company and payment should begin.
Employees who find their workers’ compensation benefits disputed should contact a lawyer immediately. It is possible to challenge these unfair decisions with a formal hearing. Many of these disputed workers’ compensation claims end up settling for a lump sum cash payment.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented hurt and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.