Can I Sue My Workers’ Comp Insurance Company?

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Can I Sue My Workers' Comp Insurance Company?

Work injury attorney explains available benefits and what to do if the insurance company refuses to pay.

Michigan adopted its first workers’ comp law in 1912. It was a grand bargain between labor and business interests. Workers’ comp benefits are now the “exclusive remedy” when an employee gets hurt on-the-job. A frequently asked question is can I sue my workers’ comp insurance company if they won’t pay? The answer is ‘no’, but you can file an Application for Mediation or Hearing to get what is deserved.

We only represent employees who are hurt on the job. These individuals are entitled to workers’ comp benefits regardless of their fault. It pays for medical treatment and a percentage of lost wages. Benefits are often disputed for questionable reasons.

Can I sue my workers’ comp insurance company for negligence in Michigan?

In Michigan, you can’t sue your workers’ comp insurance company for negligence. In accordance with state law, employees are supposed to be paid benefits regardless of fault and in exchange for these automatic payments, they cannot sue their employer for negligence or collect pain and suffering. If benefits are disputed, an employee can file an Application for Mediation or Hearing.

What are the available benefits in Michigan for employees hurt on-the-job?

Employees hurt on-the-job are supposed to get 80% of their after-tax average weekly wage. This is based upon the highest 39 paid weeks out of the 52 weeks before the accident. This calculation includes money paid for overtime, discontinued fringe benefits, and even second jobs that cannot be performed anymore. Watch out for insurers who estimate the weekly rate because it is usually too low.

Medical treatment is also covered. This means no copayments or deductibles are owed. All reasonable and necessary medical care should be approved. This includes ambulance runs, hospital stays, doctor appointments, medications, and surgery.

Employees can qualify for attendant care if they need help with activities of daily living. This is when family members get paid up to 56 hours per week to help around the house. The hourly rate should be based upon what a professional would charge so don’t let the insurer off the hook for a few bucks per hour.

Mileage to and from doctor appointments should also be paid. Employees who have mobility issues can ask for modifications to make their vehicle wheelchair accessible or add hand controls. Insurers are also responsible for home modifications when appropriate.

Can I sue workers’ comp insurance company over biased medical report from the independent medical examiner?

Insurers use any excuse not to pay benefits to employees hurt on-the-job. The most common involve so called “independent” medical examinations (IME). These doctors are handpicked by insurers because they know what to expect and it is a cut-off. Biased medical reports are generated saying a person is fully recovered and can go back to work. It does not even matter what the treating doctor believes. Can I sue my workers’ comp insurance company when this happens? Yes, but only to seek workers’ comp benefits.

Insurers also use vocational counselors to say a disabled employee has a post-injury wage earning capacity (PIWEC). These are jobs that are potentially available but have not actually been offered. “Phantom wages” are then used to reduce weekly checks. Can I sue my workers’ comp insurance company in this situation? The answer is to file an Application for Mediation or Hearing and force them to pay what is fair.

Injured on the job in Michigan and are wondering if you can sue the workers’ comp insurance company? Contact our attorneys now for a free consultation!

If you were injured on the job in Michigan and are wondering if you can sue the workers’ comp insurance company, call now (855) 221-2667 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 employees exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.

Related information:

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Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.