Michigan lawyer explains the workers’ comp claim process and how to ensure all medical and wage loss benefits are paid.
Our job as lawyers is to make sure disabled employees receive the correct medical and wage loss benefits. This can be difficult when employers and insurance companies unfairly dispute claims. Individuals who find their benefits denied should challenge this decision in court. Below is a quick overview of the Michigan workers’ comp claim process and what can be expected at each step:
Michigan Workers’ Comp Claim Process In 6 Steps
- 1. Give Your Employer Notice of Your Injury
- 2. Make A Claim For Your Injury
- 3. Seek Medical Treatment Promptly
- 4. Collect Your Wage Loss Benefits
- 5. Contest Your Employer’s Notice of Dispute
- 6. Negotiate A Settlement for Your Claim
Below is more information and advice about how to best proceed with each step of the process for your Michigan workers’ comp claim.
Step 1. Give Your Employer Notice of Your Injury
Employees hurt on-the-job must give notice to their employer within 90 days. Notice can be oral so simply telling a manger or supervisor is enough. However, it is a good idea to fill out an accident report so there is written proof. This should be the easiest part of the Michigan workers’ comp claim process. Never wait overnight or until the following shift to give notice as this is a red flag that employers will use to dispute claims.
Step 2. Make A Claim for Your Injury
Employees who want to see a doctor or get paid time off must make a claim within 2 years. A claim is simply asking for medical treatment or wage loss benefits. There is no written requirement under Michigan law. However, it is a good idea to ask for benefits in writing so there is no question that it was done timely. A simple email should be enough. Watch out for bad employers who refuse to accept a claim because they are trying to game the system. An Employee’s Report of Claim can be filed with the State of Michigan and it will automatically start the workers’ comp claim process.
Step 3. Seek Medical Treatment Promptly
Employees who give notice and make a claim are entitled to medical treatment. This is a critical step because it will generate medical proof. Employers are given sole authority to select medical providers during the first 28 days. Expect to be seen at Concentra or some other occupational clinic during this 28-day period. We recommend switching doctors after 28 days to ensure there is no conflict of interest should a dispute occur.
Step 4. Collect Your Wage Loss Benefits
Employees who are off for a minimum of 7 days can get wage loss benefits. The amount paid should equal 80% of their after-tax average weekly wage. This calculation includes overtime, discontinued fringe benefits, and even second jobs. Statistics from the Workers’ Disability Compensation Agency show it takes an average of 19 days from entitlement to payment.
Step 5. Contest Your Employer’s Notice of Dispute
Sometimes employers or insurance companies refuse to pay benefits. A Notice of Dispute will be sent listing the reasons. This is a critical stage of the Michigan workers’ comp claim process because time is of the essence. 1- and 2-year back rules limit the potential recovery for people who wait to challenge a dispute. It is important to speak with an experienced lawyer immediately.
Step 6. Negotiate A Settlement of Your Claim
Many of our clients eventually want to negotiate a settlement for their claim. This includes individuals who are paid voluntarily and those who have seen their benefits disputed. A settlement allows them to trade future benefits for a lump sum cash payment. This money can be used for any purpose including medical treatment, job searches, retraining, education, paying off debt, and retirement. Never enter this step of the Michigan workers’ comp claim process without getting a free consultation from an experienced lawyer. Insurance companies take advantage of people who are not represented.
Injured on the job in Michigan? Call our attorneys now!
If you are injured on the job in Michigan and have questions about the workers’ comp claim process, call now to speak with an experienced workers’ comp attorney, 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 40 years. Our attorneys can help you better understand Michigan 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.
Remember, every claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Our law firm never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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