Michigan lawyer discusses situations that lead to a workers’ comp claim being denied and how to protect your legal rights.
Our job as work injury lawyers is to protect people who get hurt in the workplace. It seems like the deck is stacked against them because employers and insurance companies seem to hold all the cards. We try to make the game fair by educating people about their legal rights and helping them navigate the system. Employees who find their workers’ comp claim denied in Michigan must file an Application for Mediation or Hearing (Form WC-104) and have the burden of proof.
We get frantic telephone calls from employees who have received a Notice of Dispute (Form WC-107) from their employer or its insurance carrier. This means work injury insurance benefits have been disputed. Unfortunately, employers and their insurance companies look for any dumb reasons to dispute a claim. Here is some information about legal rights that everyone should know.
Can an employer deny a workers’ comp claim in Michigan?
Employers can deny (dispute) a workers’ comp claim if they believe to be invalid. This is usually based upon late reporting, witness statements, or medical evidence. A Notice of Dispute should be filed with the WDCA giving the reason. Watch out for employers or insurance companies who come up with bad excuses.
Late reporting is a bad excuse for a dispute. Employees actually have 90 days to give notice and 2 years to make a claim under Michigan law. Our experience also shows that witness statements are unreliable and should not be used as the basis for a dispute.
Medical evidence from a treating doctor is the gold standard when evaluating causation and disability. Watch out for employers who rely upon so called “independent” medical examinations.
What happens if a workers’ comp claim is denied in Michigan?
Employees who find their workers’ comp claim denied in Michigan will not have access to medical treatment or lost wages. This can lead to additional medical problems and financial distress. We recommend people in this situation use their group health insurance for continuing medical care.
A disabled employee needs continuing medical proof for their claim. Medical care ensures there is evidence about causation and disability. A treating doctor is also the best person to testify in a case.
What to do when your claim is denied in Michigan?
Employees who find their workers’ comp claim denied in Michigan should seek the advice of an experienced attorney. It is possible to file an Application for Mediation or Hearing and challenge the employer/insurance carrier dispute. A magistrate will decide if additional work injury insurance benefits should be paid and for how long.
Disabled employees cannot expect to win based upon common sense. Medical and vocational evidence must be developed and presented at trial. Specific procedures must be followed, and the rules of evidence will apply. Many of these cases are eventually settled for a lump sum cash payment.
Injured while on-the-job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and have questions about your work injury claim, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
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) 201-9497 for a free consultation today.