Michigan lawyer discusses workers’ comp benefits and suing an employer.
If you are asking: “I was injured at work, what are my legal rights?” Please understand that workers’ compensation protects employees who are hurt on the job, giving them specific legal rights. Employees get guaranteed medical treatment and lost wages in exchange for giving up the right to sue in a civil action. It is a compromise between employee and employer interests.
Employees who are hurt on-the-job need not prove negligence to receive benefits. They are covered even if the work accident was because of their own fault. Workers’ compensation covers not just specific injuries on the job but also occupational diseases that develop over time.
I was injured at work, what are my rights in Michigan?
In Michigan, if you are injured at work then your legal rights entitle you to benefits. Workers’ comp is a safety net that pays employees money for lost wages, medical treatment, and vocational rehabilitation.
Medical treatment is covered 100% without any co-pays or deductibles. This includes doctor visits, transportation costs, prescription drugs, physical therapy, durable medical equipment, hospital stays, and surgery. Employees can select their own doctor after 28 days from the start of care.
Attendant care is a benefit that insurance companies rarely talk about. It pays relatives up to 56 hours per week at the same hourly rate as a professional to help with activities of daily living. Examples include preparing meals, getting dressed, using the bathroom, personal hygiene, wound care, and taking medications.
Disabled employees can also get home and vehicle modifications when appropriate. Make sure to speak with a lawyer about how to get these items covered by the insurance company.
If I get injured at work in Michigan do my rights allow me to get paid?
In Michigan, if you are injured at work, it is the employees right to receive 80% of their after-tax average weekly wage if they become hurt and disabled from an accident on the job. A good rule of thumb is 60% of gross pay is the weekly comp rate.
This is based upon the highest 39 paid weeks in the 52 weeks before getting hurt. Overtime, second jobs, and discontinued fringe benefits are to be included. This is a tax-free money and it can also be traded for a lump sum settlement.
I was injured at work in Michigan do my rights allow me to sue my employer?
In Michigan, if you are injured at work, your rights entitle you to workers’ compensation, which is the exclusive remedy. You cannot sue for pain and suffering. Employers can also be held accountable if they committed an intentional tort.
It is possible to file a lawsuit against a third party if they caused an accident. These types of cases would be in addition to workers’ compensation. Pain and suffering is available.
I have been hurt on-the-job, here’s what to do
In Michigan, if you are injured at work, then you must report an injury within 90 days of it occurring to ensure your legal rights are protected. We recommend asking to fill out an accident report and keeping a copy.
Employees must also make a claim for workers’ compensation benefits within two years. This simply requires asking for medical treatment and/or lost wages. Send the request in writing so there is proof this occurred.
Watch out for employers who refuse to accept a workers’ compensation claim. It is possible to mail a form to the Workers’ Disability Compensation Agency and bypass this obstruction. Notice will be automatically sent to the responsible insurance company and payment should begin.
Employees who find their workers’ compensation benefits disputed should contact a lawyer immediately. It is possible to challenge these unfair decisions through a formal hearing. Many of these disputed workers’ compensation claims end up settling for a lump sum payment.
Injured on the job in Michigan? Call now, our attorneys can help!
If you were injured at work in Michigan, have questions about your legal rights to workers’ comp, call now at (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 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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