Five reasons why you should get a lawyer for a workers’ comp claim in Michigan after getting hurt on-the-job.
We are frequently contacted by individuals who are representing themselves and who don’t think they need a lawyer for a workers’ comp claim. They are usually upset because medical treatment is not being authorized and weekly benefits seem artificially low. It can be a real hassle dealing with the insurance company and this creates even more stress. Should I get a lawyer for workers’ comp? The answer is unequivocally ‘yes’ and here are five reasons why.
1. It costs you nothing to hire an experienced lawyer for a workers’ comp claim.
Claims are handled on contingency. No win no fee. This means you can hire an experienced lawyer for a workers’ comp claim and pay no attorney fee unless additional benefits are recovered. We have represented people for years and have not charged a dime. We can help you navigate the system and play the game. The attorney fee is only 10% of a settlement if workers’ comp benefits are currently being paid. It increases to 15% of the first $25,000 and 10% on the remainder when workers’ comp benefits are disputed.
2. Solve minor problems before they explode into a Notice of Dispute.
The law is stacked against people hurt on-the-job. For example, individuals are required to perform a good-faith job search even when disabled. Insurance companies use post-injury wage earning capacity (PIWEC) to reduce weekly checks and it is not a fair assessment. Insurance companies also use the independent medical examination (IME) to stop payment. Hiring an experienced lawyer for a workers’ comp claim can help level the playing field by developing vocational and medical evidence that cannot be ignored. Should I get a lawyer for workers’ comp? Yes, do not wait until you are cut-off to seek help.
3. You are potentially leaving money on the table.
Should I get a lawyer for workers’ comp? Insurance companies frequently make mistakes and they are never in your favor. Watch out for adjusters who estimate weekly checks instead of getting actual employment records. The amount paid should be 80% of your after-tax average weekly wage including overtime, discontinued fringe benefits, and second jobs. Insurance companies also do not tell you about all possible workers’ comp benefits. For example, attendant care should be paid to family members who help with activities of daily living. This can add up to a total of 56 hours per week at market hourly rates. A mileage reimbursement should also be paid every time you go to a medical appointment.
4. You could be jeopardizing other potential benefits.
Many of our clients also seek to collect Social Security disability benefits and Medicare. There is an offset that occurs when a person settles his or her workers’ comp case and it could mean less money is paid from the Social Security Administration. You must also consider Medicare’s interests if you anticipate using that insurance to pay for medical bills. Hiring an experienced lawyer for your workers’ comp claim can maximize what goes into your pocket and ensure there are no future problems.
5. You will lose your workers’ comp case without help.
Do not expect a magistrate to award workers’ comp benefits using his or her common sense. Just because you are right does not mean you will win at trial. Specific procedures must be followed, and rules of evidence apply. Deposition testimony from a doctor and vocational expert are the keys to obtaining workers’ comp benefits. Insurance companies have lawyers reviewing claims even before they go into court. It is also likely that a private investigator will be hired to perform activity checks and video surveillance. Do I need a lawyer for a workers’ comp claim? Absolutely!
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.