Work injury lawyer discusses what happens when workers’ comp is approved in Michigan and what a disabled employee can expect.
Most people never think about what happens if they get hurt on-the-job. It can be a stressful and difficult time if a person is unprepared. We think knowledge is power and understanding legal rights is the best way to protect yourself. Here is what happens when workers’ comp is approved in Michigan.
An employee who is hurt on-the-job in Michigan is required to give notice within 90 days. A claim must also be made within 2 years. Both requirements can be done verbally so just telling a supervisor or manager is enough. Watch out for bad employers who insist on immediate notice and refuse to accept a claim.
Workers’ comp is a safety net for people who are injured at work. It covers lost wages and medical bills regardless of fault. Employers are responsible for purchasing this insurance and paying the premium. Employers who fail to purchase insurance can still be held liable for payment of benefits.
Our experience shows that insurance companies can take up to 30 days to process a workers’ comp claim. Slowdowns occur when the employer refuses to provide relevant information or medical records have not been received.
If workers’ comp is approved in Michigan what happens with wage loss benefits?
When workers’ comp happens to be approved in Michigan wage loss benefits should then be started after 7 days of disability. The amount paid should equal 80% of an employee’s after-tax average weekly wage, subject to a state-wide maximum. The average weekly wage is calculated using the highest 39 paid weeks out of the 52 weeks before the accident occurred. Items like overtime, discontinued fringe benefits, and even second jobs should be included. There is no time limit for these payments, but set-offs begin when a person turns age 65 or qualifies for Social Security retirement benefits. A good-faith job search is also required to prove that a person is still in the workforce.
What about medical treatment?
Employees who are hurt on-the-job are entitled to medical treatment. When workers’ comp happens to be approved in Michigan the employer will typically send a person to an industrial or occupational clinic. Choice of doctor is strictly limited during the first 28 days from the start of medical care. We recommend switching doctors after the 28 days have expired because of the potential conflict of interest that may exist. Insurance companies frequently dispute workers’ comp claims based upon medical and it is important to have a doctor who will support you.
If workers’ comp is approved in Michigan what happens with a lump sum cash settlement?
Many of our clients want to settle their workers’ comp claims. This money allows them freedom to get medical treatment on their own terms or find a new job within restrictions. Insurance companies want to close files and will make settlement offers. When workers’ comp happens to be approved in Michigan an injured employee must wait 6 months from the date of injury to settle. Watch out for insurance companies who take advantage and make low-ball settlement offers. It is important to get a free consultation with an experienced workers’ comp lawyer before starting any settlement negotiations.
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.
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