Michigan lawyer explains how a disabled employee can sue an insurance company for workers’ comp benefits.
Many people who contact our office want to know about their legal rights after a workplace accident. They ask if a lawsuit against their employer or its insurance company is possible. We explain that workers’ comp is their “exclusive remedy,” and they cannot sue for negligence but they can sue a workers’ comp insurance company in Michigan when medical and lost wages are denied.
Can you file a lawsuit in civil court?
No, Michigan has its own quasi-judicial administrative body that hears disputed workers’ comp matters. A magistrate will be assigned to the case to decide the applicable facts and law. This process is started by filing an Application for Mediation or Hearing with the Agency.
Can you sue a workers’ comp insurance company in Michigan?
In Michigan, a person can sue the insurance company when workers’ comp benefits are denied. Employees who are hurt on-the-job are entitled to insurance benefits. This includes medical treatment, vocational rehabilitation, and lost wages. If these benefits are denied then you can file a lawsuit.
Insurance companies look for ways to dispute work injury claims for benefits. They use out-of-context surveillance to say that a person is not hurt. They send people to so-called “independent” medical examinations to show they are not disabled.
Employees who find themselves without benefits after being injured on-the-job should file a case against the responsible party. Medical evidence and witness testimony can be presented to a magistrate who will decide if additional work injury benefits should be paid.
When can you sue a workers’ comp insurance company in Michigan?
In Michigan, you can sue a workers’ comp insurance company if you provide notice of injury within 90 days of the workplace accident to the employer and file the claim properly. There is no statute of limitations so a person can seek benefits at any time as long as they adhere to the 1 and 2 year back rule. It is up to an employee to file a case against the responsible party. He or she must prove that any disability was caused by employment activities.
Employees are entitled to receive medical treatment and lost wages after a workplace injury. Insurance companies look for ways to dispute these payments. A person can file an Application for Mediation or Hearing if benefits are not promptly paid.
How much can you sue a workers’ comp insurance company for in Michigan?
Employees who collect insurance benefits after a workplace accident can trade them for a lump sum cash payment. The amount is going to depend upon how much the insurance company thinks it must pay. A settlement will cover future medical care and lost wages. Pain and suffering are not available.
A good starting point for settlement is multiplying the weekly comp rate by 52. This shows how much the insurance company might have to pay annually. Insurance companies will typically negotiate a payout amount based upon several years of disability plus future medical.
Hiring an experienced attorney typically results in a larger settlement amount. Understanding medical and legal issues is the key to a successful negotiation. Attorney fees are just a fraction of the total and quickly made up by higher settlement offers. There is no fee unless benefits are recovered.
Injured on the job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and are wondering if you can sue the workers’ comp insurance company or if you have any other questions about 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.