Michigan lawyer warns disabled employees to watch out for low-ball arthritis workers’ comp settlement offers and how to make sure fair value is paid.
Our Michigan lawyers get asked about arthritis workers’ comp settlement on a frequent basis. Michigan law allows a disabled employee to trade workplace injury benefits for a lump sum cash payment. This money can be used for any purpose including medical treatment, vocational rehabilitation, paying off debt, starting a business, or retirement.
Settlement is an attractive option for disabled employees who want to move on with their lives. We tell our clients to come up with a plan and be ready when the time is right. Insurance companies are tough negotiators, and they do not want to overpay.
In Michigan, the amount paid for an arthritis workers’ comp settlement will depend upon several important factors. Insurance companies look at future medical needs and how long a person is expected to be disabled from working. This information is used to determine how much should be offered for settlement. There is some confusion about whether insurance companies even pay for arthritis claims.
Can arthritis be covered by workers’ comp?
In Michigan, arthritis workers’ comp claims are covered for employees when they suffer from this condition due to work related activities. All medical treatment is covered 100% without any copayments or deductibles being owed. This includes prescription medications and therapy if needed.
Employees can also collect lost wages. The amount paid should equal 80% of their after-tax average weekly wage. A good rule of thumb is to estimate about 60% of gross wages is owed subject to a state-wide weekly maximum. This money is income tax free.
As stated above, Michigan law allows a disabled employee who is suffering from arthritis to trade their workers’ comp benefits for a lump sum cash payment called a settlement.
Insurance companies disputing claims
Insurance companies think of arthritis as a magic bullet to dispute a workplace injury claim. Preexisting arthritis in knees, elbows, back, or neck can be made worse. It is up to a physician to say there has been a change of underlying pathology. Available workplace injury benefits include medical treatment and lost wages.
Watch out for insurance companies who make low-ball arthritis workers’ comp settlement offers based upon the independent medical examination or residual post-injury wage earning capacity. These are strategies used by insurance companies to reduce what should be paid.
Insurance companies use the independent medical examination to dispute workplace injury benefits. These doctors are not independent and make careers out of testifying against disabled employees. It is common for their medical reports to say problems are just caused by arthritis and symptoms are not work-related. We recommend hiring an experienced lawyer should this occur.
Insurance companies also use residual post-injury wage earning capacity to say an employee is only partially disabled and can find a new job. Wage loss benefits are supposed to be 80% of a person’s after-tax average weekly wage. Phantom wages from a job that does not exist or is unattainable will be used to reduce the comp rate. This negatively impacts the amount of any arthritis workers’ comp settlement.
What is the average workers’ comp settlement for arthritis?
In Michigan, there isn’t a specified average workers’ comp settlement for arthritis. Statistics published by the Workers’ Disability Compensation Agency show the average payout amount for a work-related injury in Michigan was $62,315.56 in 2022.
The payout amount is going to depend upon how much money the insurance company thinks it must pay in medical and wage loss benefits. Insurance companies look at future medical treatment and how long a person is expected to be off work.
Michigan law protects employees hurt on-the-job. It covers medical bills and lost wages when someone is unable to work. Employees are protected under the law immediately and they do not have to prove fault to qualify for benefits.
We tell our clients that a good settlement amount provides sufficient money to cover future medical treatment and enough time off work to heal. Watch out for insurance companies who offer low-ball settlement offers based upon biased medical and vocational opinions.
Don’t accept any settlements until you talk to a lawyer
We recommend getting a free telephone consultation from an experienced lawyer before accepting any settlement. Do not leave money on the table because some defense medical examiner says it’s just degenerative arthritis. Make sure to also challenge any biased labor market survey and negotiate settlement from a position of strength.
Suffering from arthritis due to work-related tasks and have questions about a workers’ comp settlement? Call our attorneys now for a free consultation!
If you are suffering from arthritis due to work-related activities from your job in Michigan and have questions about a workers’ comp settlement, call now (855) 221-2667 or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from work-related injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
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 work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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 40 years. Call (855) 221-2667 for a free consultation today.
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