Michigan lawyer explains workers’ comp check rules and how to protect legal rights.
We understand how stressful it can be getting hurt on-the-job. Many of the people who contact our office have no idea about their legal rights or what is happening with their injury claim. Insurance companies take advantage of this lack of knowledge and play games with benefits. Here are some workers’ comp check rules that every disabled employee should know.
Michigan laws are supposed to protect disabled employees who are hurt in a workplace accident. It does not matter who was at fault for the injury. Automatic benefits include payment of medical bills, vocational rehabilitation, and lost wages. This is a safety net for people who cannot work and earn income.
Workers’ comp check rules for lost wages
The amount paid for lost wages should equal 80% of an employee’s after-tax average weekly wage. This is based upon the highest 39 weeks during the 52 weeks before the accident. A good rule of thumb is the amount paid should be about 60% of gross wages. Overtime, bonuses, and discontinued fringes are included.
Lost wages are supposed to be paid weekly and continue for the entire length of disability. Offsets come into play if a disabled employee returns to a lesser paying job, reaches the age of 65, takes a pension, or starts getting retirement benefits from the Social Security Administration. Insurance companies can also use post-injury wage earning capacity (PIWEC) to unfairly reduce or stop weekly benefits.
What if my workers’ comp payment arrives late?
Watch out for late or missing checks. If your payment is late or missing then it is a sign that wage loss benefits might soon be cut-off. Make sure to call an experienced lawyer who knows the workers’ comp check rules extensively if the amount paid is suddenly reduced or stopped. Penalties can be sought under specific circumstances.
When will I receive my workers’ comp payment?
In Michigan, the workers’ comp check rules state that an employee must be disabled for at least 1 week before payment for lost wages is owed. This includes weekends and holidays. Missing 2 weeks or more should result in payment going back to the first day.
Disabled employees can expect payment approximately 2 weeks from the start of entitlement. Payments are not considered late until 30 days past due. It is possible to seek $50 per day penalties for late or missing payments up to a maximum of $1,500.
How are lost wage payments made?
Most disabled employees receive their lost wages by paper check. It is sent by regular mail and typically comes on the same day each week. Do not get concerned if the day of the week changes. Insurance adjusters are sometimes required to manually reauthorize payment, and this can mix things up. We do not get concerned until at least a week has passed.
Workers’ comp check rules also permit electronic delivery of lost wages. This requires written consent from the disabled employee. Payments must be directly deposited in a financial institution or put on a debit card.
Where can I cash my workers’ check?
Any financial institution where you already have an established business relationship should be able to cash a check. Sometimes the issuing bank itself will cash the check for a small fee. Individuals who do not have a bank account can also use a check cashing business.
Walmart provides check cashing in Michigan. Photo identification and verification is usually required. Watch out for high fees when using a check cashing business and shop around to get the best deal.
Injured on the job in Michigan and have questions about the workers’ comp check rules? Call our attorneys now for a free consultation!
If you or a loved one was injured on the job in Michigan have questions about the workers’ comp check rules and need help with your claim, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced workers’ comp lawyer. 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.
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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