Michigan lawyer discusses how to file a workers’ comp claim and what benefits are available.
We get many telephone calls and emails from people hurt on-the-job who are wondering about their legal rights. It can be overwhelming when paychecks stop, and medical bills start piling up. This situation gets even worse when an employer refuses to make a claim. Here are some issues that pop up after a workplace accident and how to file a workers’ comp claim.
How to file a workers’ comp claim in Michigan?
To file a workers’ comp claim in Michigan you must: 1) Give notice of injury to employer within 90 days of it occurring. 2) Make a claim for lost wages and/or medical treatment within 2 years of the accident.
When giving notice of injury it is recommended to fill out an accident report so there is written proof. Also, when making a claim for lost wages and/or medical treatment it is a good idea send this request in writing.
Giving notice and how to file a worker’ comp claim
Wondering how to file a workers’ comp claim in Michigan? It is as easy as giving verbal notice of injury within 90 days of it occurring and requesting either medical and/or wage loss benefits within 2 years.
The employer is supposed to report any workplace injury to its insurance carrier. In situations where disability extends beyond 7 consecutive days, the employer/insurance carrier must also report the injury to the Workers’ Disability Compensation Agency.
Notice can be oral so just telling a manager or supervisor about the accident is usually enough. However, we recommend filling out an accident report and keeping a copy. This will serve as written proof of the event.
Making a claim for medical and/or lost wages can also be accomplished by telling an employer that benefits are needed. We still recommend making a claim in writing by sending a letter, email, or text message. The employer should do all the paperwork with its insurance carrier.
Available workers’ comp benefits
After you have filed a workers’ comp claim, employees who are disabled from employment are supposed to receive wage loss benefits. The amount paid should equal 80% of the after-tax average weekly wage. A rough estimate would be 60% of gross wages. This is based upon the highest 39 paid weeks out of the last 52. Income from workers’ comp is tax free.
Medical treatment is also covered 100% without any co-pays or deductibles. This includes payment for mileage, attendant care, doctor visits, durable medical equipment, prescription medications, physical therapy, and surgery.
Employer refuses to make a claim
Unfortunately, some employers refuse to submit claims under workers’ comp. They are worried about higher insurance premiums and want to game the system. Some employers have large deductibles and believe they can escape payment by obstructing claims.
Employees can short-circuit this process by filing their own Employee’s Report of Claim (Form WC-117) with the Workers’ Disability Compensation Agency. Notice will be sent directly to the employer’s insurance carrier who will then investigate the situation.
Watch out for employers who promise to pay money under the table. It rarely lasts and can jeopardize other legal rights. Never lie to a medical provider about how an accident occurred! Employees are unable to sign away their workers’ comp rights.
Insurance company disputes payment of workers’ comp benefits
Wondering how to file a workers’ comp claim when the insurance carrier has disputed payment? This requires an Application for Mediation or Hearing (Form WC-104A) be sent to the Workers’ Disability Compensation Agency. We recommend hiring a lawyer because these cases are difficult. A magistrate will decide if additional workers’ comp benefits must be paid.
If you still have questions on how to file a workers’ comp claim in Michigan please call us for a free consultation today.
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) 316-8033 for a free consultation today.
Related information:How to make a claim