Michigan workers’ comp lawyer discusses potential claims when an employee suffers an injury at work.
Michigan law protects employees hurt on-the-job by guaranteeing their medical bills get paid and lost wages. In exchange for these automatic workers’ comp benefits, employees cannot sue for pain and suffering. Here is what everyone should know when they have an accident at work in Michigan.
What happens if you are injured on-the-job?
In Michigan, employees should be covered under workers’ comp insurance. It pays all medical treatment without any out-of-pocket expenses being owed. It also covers lost wages equal to 80% of an employee’s after-tax average weekly wage. This calculation should include overtime, discontinued fringe benefits, and second jobs.
Making a claim for an accident at work
An employee who suffers an accident at work in Michigan must give notice within 90 days and make claim within 2 years. Both requirements can be oral so just telling a manger is enough. Medical treatment starts immediately, and the employee can select their own doctor after 28 days. Lost wages start after 7 days of disability.
Can you be fired for an on-the-job work injury?
Michigan workers’ comp does not protect your job while you are off recovering from injury. However, an employer cannot discharge or in any manner discriminate against an employee because he or she made a claim for benefits. This can give rise to a separate cause of action for wrongful termination.
What happens if an accident at work is not reported?
An employee who happens not to report an accident at work in Michigan can still make a claim for workers’ comp benefits within 2 years provided the employer had some notice of injury. This can be as simple as telling your boss that you hurt yourself at the time or shortly thereafter. It does not have to be a formal accident report.
Work injury claim denied, now what?
Insurance companies look for any excuse to deny payment of Michigan workers’ comp benefits. They use biased medical opinions and unfair labor market surveys to slash what needs to be paid. Any dispute should be challenged by a workers’ comp lawyer. There is no fee unless workers’ comp benefits or a settlement is recovered.
Who is liable for a work injury?
Michigan law requires that employers purchase workers’ comp insurance. This is to protect both the employer and the employee should a work injury occur. The employer will be liable for paying medical treatment and lost wages. Uninsured employers are still responsible for paying workers’ comp benefits.
Accident at work, how long to claim?
In Michigan, if an employee has an accident at work and is injured and gives notice within 90 days and made claim within 2 years, he or she can pursue workers’ comp benefits at any time. This includes situations where medical treatment and/or lost wages are not needed until many years in the future.
Injured while on the job in Michigan? Contact our lawyers for a free consultation
To speak with an experienced attorney about your Michigan work injury claim, call us now, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years and can help you better understand Michigan work injury laws and explain what happens if you or a loved one 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.