Michigan workers’ comp lawyer discusses “exclusive remedy” and how to get compensated after getting hurt on-the-job.
We get many telephone calls and emails from people hurt on-the-job. They have many questions such as: Can I sue my employer for pain and suffering damages in Michigan? What type of workers’ comp benefits can I get paid? What happens if my workers’ comp claim is disputed?
We explain that workers’ comp is the “exclusive remedy” against their employer. This means no lawsuit can be filed for these damages. In exchange, they get medical treatment, lost wages, and vocational rehabilitation. Workers’ comp benefits are paid regardless of fault.
Can I sue my employer for pain and suffering in Michigan?
In Michigan, an employee hurt at work cannot sue their employer for pain and suffering damages. Workers’ comp is considered the exclusive remedy. It pays for medical treatment, lost wages, and vocational rehabilitation regardless of fault. It is a safety net for people hurt on-the-job.
But there are some exceptions to the exclusive remedy provision. An employee can sue their employer for pain and suffering damages in Michigan if they do not have required workers’ comp insurance. It is also possible to file a lawsuit for these damages if the employer committed an intentional tort.
What type of workers’ comp benefits can I get paid?
All reasonable and necessary medical treatment should be paid. There are no copayments or deductibles owed under workers’ comp. Employees can select their own doctor after 28 days from the start of medical care. Medical treatment is a lifetime workers’ comp benefit.
Lost wages should equal 80% of an employee’s after-tax average weekly wage. This calculation includes overtime, bonus pay, discontinued fringe benefits, and even second jobs. Weekly checks are paid for the entire length of disability.
Vocational rehabilitation can be used to help transition to a new job. This workers’ comp benefit pays for career counseling, retraining, and education.
What happens if my workers’ comp claim is disputed?
Insurance companies dispute workers’ comp benefits for all kinds of reasons. This is to save money at your expense! Make sure to hire an experienced workers’ comp lawyer if this should occur. There is never an attorney fee unless additional workers’ comp benefits are obtained.
Watch out for the independent medical examination (IME) because these doctors are hired by the insurance company and they make careers out of testifying against people. Vocational counselors are used to say other work is available and weekly checks get unfairly reduced.
Can I sue my employer for pain and suffering damages if my claim is disputed?
No, but an individual who finds their workers’ comp benefits disputed can file an Application for Mediation or Hearing. This starts a formal court process where a magistrate decides if additional medical or lost wages should be paid.
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.