Michigan lawyer explains a cumulative trauma workers’ comp settlement and how occupational diseases are covered.
We get lots of telephone calls and emails from individuals who are not sure if they have a work injury claim. Many of them have been working for years and have developed wear and tear injuries. They are confused about legal rights and if medical and/or wage loss benefits will be paid. Here is what Michigan employees need to know about a cumulative trauma workers’ comp settlement.
Michigan law protects employees who are hurt on-the-job. It pays for medical treatment and lost wages regardless of fault. It does not matter how the injury occurred so long as it was in the course and scope of employment. Benefits can be paid for life.
About occupational diseases
Most people know that a specific injury will be covered under workers’ comp. This is when a sudden traumatic event occurs like getting a hand crushed between two items. But what about cumulative trauma when wear and tear injuries develop over months or years? Those types of injuries are also covered and will typically be called occupational diseases.
Occupational diseases include carpal tunnel syndrome, cubital tunnel syndrome, radial tunnel syndrome, epicondylitis, rotator cuff tearing, herniated disc, sciatica, lumbago, asbestosis, mesothelioma, lead poisoning, skin disorders, asthma, and hearing loss. An employee affected by an occupational disease could develop chronic pain symptoms in their hands, wrists, arms, knees, shoulders, back, or neck. Some people develop breathing problems or allergies.
These cases can be challenging
In Michigan, winning a cumulative trauma workers’ comp settlement is more challenging. This is especially true if an employee has a preexisting condition. An underlying change of pathology will typically need to be shown to win a case a trial. Watch out for insurance company doctors who blame all symptoms on arthritis or some other degenerative medical condition. A settlement amount is always going to depend upon what the medical evidence shows.
Employees who develop wear and tear injuries might not be able to continue working in their present jobs. They should be covered under workman’s compensation and receive benefits. Insurance companies know how difficult it is to prove an occupational disease and will usually dispute these work injury claims. Most people live paycheck-to-paycheck and cannot afford to be without income. This is a reason why winning a work injury claim can be so important to them.
What is the average cumulative trauma workers’ comp settlement in Michigan?
In Michigan, there isn’t a specified average amount received for a cumulative trauma workers’ comp settlement in. Data from the Michigan Workers’ Disability Compensation Agency shows the average settlement amount for a work-related injury in 2022 was just $62,315.56.
Many people who suffer from occupational diseases get more when evidence shows need for medical treatment and time off work. We recommend hiring an experienced workman’s comp attorney if an employee finds themselves unable to perform their job. This will ensure maximum payout for their injuries.
Disputed claims
An employee who finds their work injury claim disputed should get legal assistance. It is possible to file an Application for Mediation or Hearing to challenge the dispute. A magistrate will be assigned to the case and review all the medical evidence. Witness testimony can be presented to explain how the job caused a wear and tear injury. Most of these cases result in cumulative trauma workers’ comp settlement. This money can be used for medical treatment and time off allowing an employee to move on from his or her job.
Have questions about your Michigan cumulative trauma workers’ comp settlement? Call our attorneys now for a free consultation!
If you were injured on the job in Michigan and you have questions about your cumulative trauma workers’ comp settlement, call now (844) 580-0920 or fill out our contact form for a free consultation with an experienced 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 on the job 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 and settlement 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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