Partially disabled employees who find alternate employment can find their wage loss benefits reduced or eliminated.
We have many clients who have vastly different jobs. Some of them are highly skilled and perform technical work. Others do heavy physical labor and rely upon their bodies to get work done. What everyone has in common is the need for wage loss benefits when they are unable to work. Workers’ comp is a safety net that covers lost wages for partially and totally disabled employees. A frequently asked question is: How many hours can you work on workers’ comp in Michigan?
A disabled employee should receive 80% of his or her after-tax average weekly wage, subject to a state-wide maximum. This is based upon using the highest 39 paid weeks out of the 52 weeks before the workplace accident. Overtime, discontinued fringe benefits, and even second jobs that cannot be performed anymore should be included. A weekly comp rate is then calculated using tax filing status and number of claimed dependents.
Partially disabled employees can work any number of hours while on workers’ comp in Michigan, but this income will be used to offset any wage loss benefits. Medical treatment should continue regardless.
How many hours can you work while on workers’ comp in Michigan?
Partially disabled employees are still entitled to wage loss benefits under workers’ comp in Michigan and are free to work any number of hours they choose but earned income will be used as an offset against wage loss benefits. Medical treatments should continue to be paid as needed.
Some disabled employees on workers’ comp in Michigan are brought back under restrictions and only allowed to work a limited number of hours. This is called “reasonable employment” or “favored work.” It is a job that poses no danger to health and safety. It must also be a reasonable distance from a disabled employee’s home. Any income earned will be used as an offset to wage loss benefits under workers’ comp. Partially disabled employees who are earning less money can make a claim for differential benefits.
Many of our partially disabled clients also find new jobs that can be performed within their physical limitations. Workers’ comp should pay differential wage loss benefits if they are earning less money. However, our experience shows that insurance companies view any return to work as a reason to dispute payment of additional wage loss benefits. We recommend speaking with an experienced workers’ comp lawyer should this occur.
Partially disabled employees should also watch out for insurance companies who use post-injury wage earning capacity (PIWEC) to reduce what is paid. This is when the insurance company says a person can work but does not actually offer a job. It is based upon transferable skills and a labor market survey. You may not be able to work any hours while on workers’ comp in Michigan if the insurance company already believes a person can find alternative employment. Call a lawyer immediately should this happen.
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 and how many hours you can work or while on workers’ comp in Michigan, call us 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) 316-8033 for a free consultation today.