Questions to ask a workers’ comp lawyer and how to make sure legal rights are protected.
We understand the stress and worry that people feel after getting hurt on-the-job. Workers’ comp benefits can be disputed at any time and missing even one paycheck can result in financial distress. We believe knowledge is power, and injured workers need to understand their legal rights. Here are our top 10 questions to ask a workers’ comp lawyer in Michigan to ensure your recovery is on the right track.
10 Questions to ask a workers comp lawyer
- How do i start a workers’ comp claim?
- How much does workers’ comp pay?
- Who pays for workers’ comp medical bills?
- Can I choose my own doctor?
- What happens if my claim is disputed?
- Does health insurance cover my work related injuries?
- Can I be fired from my job while on workers’ comp?
- Do I need to search for other work?
- What is the value of my workers’ comp settlement?
- How much does a workers’ comp lawyer charge?
1. How do I start a workers’ comp claim?
In Michigan, to start a workers’ comp claim you must notify your employer within 90 days of the injury occurring. A claim must happen within 2 years. Both notice and claim can be oral so simply telling a manager or supervisor should be enough to protect legal rights. If an employer refuses to cooperate, send the Employees Report of Claim (Form WC-117) to the WDCA to start the process.
2. How much does workers’ comp pay?
In Michigan, if you are injured on the job, disabled employees are entitled to be paid weekly wage lost check in which the amount paid should equal 80% of their after-tax average weekly wage. A good rule of thumb is 60% of gross wages. This should include discontinued fringe benefits, overtime, and even second jobs that cannot be performed anymore. Watch out for unfair reductions based upon “post-injury wage earning capacity (PIWEC).”
3. Who pays for workers’ comp medical bills?
In Michigan, workers’ comp pays medical bills for 100% of all reasonable and necessary treatment. This includes ambulance runs, emergency room visits, hospital stays, doctor appointments, medication, physical therapy, surgery, prosthetics, medical equipment, attendant care, mileage and vehicle/home modifications. There should never be any copayments or deductibles.
4. Can I choose my own doctor?
Employees covered under workers’ comp can select their own doctor after 28 days from the start of treatment. Choice of medical providers includes where you get MRIs, EMGs, physical therapy, and surgery. Watch out for insurance companies who deny this legal right and try to control your treatment.
5. What happens if my claim is disputed?
Individuals who are denied can file an Application for Mediation or Hearing with the State of Michigan. A legal process exists for dispute resolution. Medical and vocational evidence can be used to show that workers’ comp benefits should be paid. Do not start a case without speaking with an experienced workers’ comp lawyer. Most disputed claims result in settlement.
6. Does health insurance cover my work-related injuries?
In Michigan, most group health insurance plans cover disputed medical bills for work-related injuries. This includes Medicaid and Medicare. Individuals who get a settlement or award under workers’ comp must reimburse these health plans. An experienced attorney can negotiate the lien and ensure money stays in your pocket.
7. Can I be fired from my job while on workers’ comp?
Here is a question our Michigan’s workers’ comp lawyers get asked often. Michigan law does not guarantee future employment. However, it is possible that an employee is protected under a union contract or federal law. An employee cannot be fired in retaliation for asserting his or her legal rights. Watch out for wrongful termination!
Q8. Do I need to search for other work?
Insurance companies unfairly reduce weekly wage loss checks based upon “phantom wages.” Performing a good-faith job search is evidence that no other jobs exist within qualifications, training, and restrictions. It is a critical component to any disputed workers’ comp case should it proceed to trial.
Q9. What is the value of my workers’ comp settlement?
Workers’ comp benefits can be traded for a lump sum payment. How much depends upon the extent of disability and future medical needs. Multiple the comp rate by 52 to get an annual amount. Cost of future medical treatment can also be estimated. Use these values to negotiate with the insurance company. Settlement value should always be part your list of questions to ask a workers’ comp lawyer. Insurance companies exploit people who do not understand their legal rights.
Q10. How much does a workers’ comp lawyer charge?
Here is a common question to ask a workers’ comp lawyer. Michigan law sets a maximum fee at 20% of the first $100,000 and 15% on the remainder of any settlement. Disabled employees currently receiving workers’ comp benefits pay as little as 15% total. A compromised voluntary payment or successful award at trial can result in a fee up to 30%. There should be no fee unless workers’ comp benefits are successfully obtained. It is very common to make up attorney fees through larger settlements so ask about strategy going forward.
Injured on the job in Michigan and have questions to ask a lawyer about your workers’ comp claim? Call our attorneys now for a free consultation!
If you were injured on the job in Michigan and have questions you want to ask a workers’ comp lawyer regarding your claim, call now (855) 221-2667 or fill out our contact form for a free consultation to speak with one of our experienced attorneys. 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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