Michigan lawyer discusses situations that lead to a workers’ comp claim being denied and how to protect your legal rights.
Our job as work injury lawyers is to protect people who get hurt in the workplace. It seems like the deck is stacked against them because employers and insurance companies seem to hold all the cards. We try to make the game fair by educating people about their legal rights and helping them navigate the system. Employees who find their workers’ comp claim denied in Michigan must file an Application for Mediation or Hearing (Form WC-104) and have the burden of proof.
We get frantic telephone calls from employees who have received a Notice of Dispute (Form WC-107) from their employer or its insurance carrier. This means work injury insurance benefits have been disputed. Unfortunately, employers and their insurance companies look for any dumb reason to dispute a claim. Here is some information about legal rights that everyone should know.
Can an employer deny a workers’ comp claim in Michigan?
Employers can deny (dispute) a workers’ comp claim if they believe to be invalid. This is usually based upon late reporting, witness statements, or medical evidence. A Notice of Dispute should be filed with the Workers’ Disability Compensation Agency (WDCA) giving the reason. Watch out for employers or insurance companies who come up with bad excuses.
Late reporting is a bad excuse for a dispute. Employees actually have 90 days to give notice and 2 years to make a claim under Michigan law. (MCL 418.381(1)) Our experience also shows that witness statements are unreliable and should not be used as the basis for a dispute.
Medical evidence from a treating doctor is the gold standard when evaluating causation and disability. Watch out for employers who rely upon so called “independent” medical examinations.
What happens when a workers’ comp claim is denied in Michigan?
Employees who find their workers’ comp claim denied in Michigan will not have access to medical treatment or lost wages. This can lead to additional medical problems and financial distress. We recommend people in this situation use their group health insurance for continuing medical care.
A disabled employee needs continuing medical proof for their claim. Medical care ensures there is evidence about causation and disability. A treating doctor is also the best person to testify in a case.
What to do when your workers’ comp claim is denied in Michigan?
Employees who find their workers’ comp claim denied in Michigan should seek the advice of an experienced attorney. It is possible to file an Application for Mediation or Hearing and challenge the employer/insurance carrier dispute. A magistrate will decide if additional work injury insurance benefits should be paid and for how long.
Disabled employees cannot expect to win based upon common sense. Medical and vocational evidence must be developed and presented at trial. Specific procedures must be followed, and the rules of evidence will apply. Many of these cases are eventually settled for a lump sum cash payment.
Injured while on-the-job in Michigan? Contact our lawyers now
If you or a loved one was injured on the job in Michigan and your claim was dipsuted, call now (855) 221-2667 or fill out our contact form for a free consultation with one of our experienced work injury lawyers. 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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