Michigan lawyer discusses workers’ comp chronic pain and potential benefits.
We have represented many employees with devastating workplace injuries. This includes amputations and paralysis. It is always difficult explaining to these clients how the workers’ comp system is inadequate and what little money it pays. A frequent question involves workers’ comp chronic pain and why individuals are not fairly compensated for their suffering. Keep reading to find out the answer to this important question and how to maximize what must be paid.
Employees who are hurt on-the-job are entitled to compensation benefits regardless of fault. This is a safety net people who need medical treatment and/or cannot work. It does not matter how the accident occurred only that it was in the course and scope of employment. In exchange for these guaranteed compensation benefits, the employer gets immunity from civil lawsuits. This means no pain and suffering is available regardless of what happened. Here is what must be paid and how to maximize compensation.
What Must Be Paid For A Workers’ Comp Chronic Pain Claim
Lifetime medical treatment
Access to medical care is perhaps the most important benefit. Workers’ compensation covers all reasonable and necessary medical treatment 100%. There should never be any copayments or deductibles owed. We recommend using medical treatment to its fullest extent for a workers’ comp chronic pain claim.
Medical treatment includes doctor visits, hospital services, prescription medication, physical therapy, injections, and surgery. Employees can also get dental care, artificial limbs, eyeglasses, hearing aids, wheelchairs, vehicle modifications, home modifications, and other appliances necessary to cure or relieve the effects of a work injury.
Attendant care should also be paid to relatives for helping with activities of daily living, up to 56 hours each week at market rates. Mileage should be reimbursed for every trip to and from appointments.
Payment for lost wages
Disabled employees are also to be paid for their lost wages. The amount should equal 80% of their after-tax average weekly wage. This can be calculated using the highest 39 weeks during the 52 weeks before injury. Overtime, discontinued fringe benefits, and even wages from second jobs should be included.
Watch out for insurance companies who estimate the weekly rate based upon incomplete information. Actual wage records should be obtained from the employer, so the amount paid is correct. Use wage loss benefits to compensate for workers’ comp chronic pain claim. Do not let the insurance company force a return to work before the time is right.
Lump sum cash payment
Many of our clients opt to settle their cases for a lump sum cash payment. This allows them to finish medical treatment and vocational rehabilitation on their own terms. The amount paid for settlement is based upon future medical treatment needs and how long a person is expected to be disabled.
Settlement money can be used for any purpose including paying off debt, vocational retraining, medical treatment, or retirement. Individuals can use a lump sum payment to compensate themselves for a workers’ comp chronic pain claim. Make sure to speak with an experienced lawyer to ensure a fair settlement is paid.
Michigan Workman’s Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled employees exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.