Michigan workers’ comp lawyer explains the dispute process and how to protect legal rights.
A workplace accident can turn a person’s life upside down. This is especially true if they are unable to perform the essential functions of their job or require significant medical treatment. Supporting a family while on disability is a challenge but if workers’ comp benefits get cut-off, it becomes a financial disaster. Here is what happens if Michigan workers’ comp doesn’t pay and what to know to protect legal rights.
Workers’ comp is supposed to be a safety net for people who get hurt on-the-job and it pays regardless of fault. All medical treatment should be covered without any copayments or deductibles being owed. It pays 80% of lost wages based upon a person’s after-tax average weekly wage.
Unfortunately, insurance companies find all kinds of reasons to dispute workers’ comp claims. It can be based upon late reporting, pre-existing medical conditions, or misconduct. Many employees find their claims disputed after attending the so-called “independent” medical examination. Some of our clients never get a reason and are told that a claim is simply “pending investigation.” If Michigan workers’ comp doesn’t happen pay benefits to injured employees those employees can expect to lose access to medical treatment and lost wages.
We strongly recommend challenging a disputed workers’ comp claim. An Application for Mediation or Hearing can be filed, and the matter goes to court. A magistrate will decide if additional medical and wage loss benefits should be paid. It is important to have a lawyer handle this process because the rules of evidence can be difficult. There is no attorney fee unless money is recovered, and it’s only a relatively small percentage of the total amount.
What happens if workers’ comp doesn’t pay in Michigan?
If insurance companies dispute a claim and they happen not pay Michigan workers’ comp benefits then payment of medical and lost wages can be stopped. An employee must file for a hearing to challenge this decision. Health insurance can be used to pay disputed medical bills. A claim for unemployment or other disability benefits will be permitted.
Employees who have a claim disputed and happen to have workers’ comp not pay for medical treatment can use their own private health insurance. This includes health insurance policies through an employer. Government programs like Medicaid or Medicare will also pay. Reimbursement will be required if money is recovered through a workers’ comp award or settlement. Our experience shows any reimbursement will be a small fraction of what is ultimately collected.
Employees who have a claim denied and happen to have workers’ comp not pay for their lost wages can make a claim through unemployment if they are physically able to perform some past job but cannot find employment within their restrictions. It is also possible to make a claim through other insurance policies such as long-term disability. Reimbursement is typically required but an experienced lawyer can minimize what needs to be paid back.
Injured while on-the-job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and are wondering what happens if workers’ comp does not pay or have any other questions regarding your 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) 316-8033 for a free consultation today.