Michigan workers’ comp lawyer explains how getting a new job can impact payment of benefits and why settlement is usually the best option.
Employees who are hurt on-the-job should be covered under workers’ comp. It pays for medical treatment, a percentage of lost wages, and vocational rehabilitation if needed. This is a safety net for employees who find themselves unable to do their regular job. But can you work while on workers’ comp in Michigan? Here are some potential issues to think about and why it can be a difficult tightrope to walk. Please remember that every claim is different, so it is best to speak to a lawyer about any individual situation.
Employers are given a powerful incentive to bring disabled employees back to work. They don’t have to pay lost wages if they give a person a job within restrictions. This is called “reasonable employment.” It is defined as a job within an employee’s capacity to perform that poses no clear and proximate threat to that employee’s health and safety.
Can you work while on workers’ comp if the job offered is reasonable employment?
Yes, you can work while on workers’ comp in Michigan if the job is offered by the employer and it is considered reasonable employment. Employees who are receiving less money should be paid differential. This is the amount of money that is lost because of less pay or restricted hours. Medical treatment should be paid regardless of work status.
Can you work while on workers’ comp if you take a new job?
Many of our clients want to find a new job while they are collecting workman’s compensation. It is extremely difficult to support a family on just 80% of their pay. This amount can be even less if the insurance company thinks a person can work somewhere else. The stress from a potential cut-off is also a strong motivator to look for other options.
You can work while on workers’ comp in Michigan if you take a new job but it will jeopardize the payment of any wage loss benefits. An employee cannot justify lost wages when he or she is in fact earning them in a new job. Even a claim for a differential becomes more difficult because it is hard to prove that a person can only work limited hours or at less pay. Medical treatment should continue to be covered.
Will it affect my settlement?
Yes, you can work while on workers’ comp in Michigan but the value of your settlement goes down. Many of our clients opt to settle their workers’ comp claims for a lump sum cash payment. This allows them freedom to find a new job or start a business.
The amount paid for settlement is based upon potential exposure and it is hard to justify lost wages if a person has already returned to work. We recommend speaking with an experienced Michigan workers’ comp lawyer before returning to work. It is possible to get multiple years of disability payments for settlement and then return to gainful employment afterwards.
Need help? Contact our workman’s comp lawyers for a free consultation
To speak with an experienced workman’s comp 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 workman’s comp 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.