Michigan lawyer discusses psychological injury at work and how to make a claim for workers’ comp benefits.
Employees who suffer a psychological injury at work in Michigan are frequently overlooked. There is no test that shows what a person is thinking or feeling so it is hard to make a claim. Employers and insurance companies rarely take these claims seriously and frequently dispute workers’ comp benefits. Here is some information that every employee struggling with mental or emotional problems should know.
Employees who suffer from emotional and psychological trauma are protected under state law. Both medical treatment and lost wages should be paid. This includes prescription medications, hospital visits, and talk therapy. The amount paid for lost wages should equal 80% of an employee’s after-tax average weekly wage. Benefits continue for the entire length of disability.
Am I covered under workers’ comp for a psychological injury at work in Michigan?
In Michigan, to be covered under workers' comp for a psychological injury at work, it must arise out of actual events from the workplace and be reasonably grounded in fact or reality. It cannot be based upon imaginary or made-up events. However, an employee’s individual reaction to those real events will be judged on a subjective basis. This means what a person thinks or feels about a situation is directly relevant to the question of disability.
Employees who suffer from a psychological injury are often discriminated against. Michigan law does not allow an employer to take adverse action just because an employee asserted a legal right under workers’ comp. This could lead to a separate lawsuit for wrongful termination. We encourage anyone who is suffering from an emotional or mental disorder from their workplace to seek appropriate medical help.
What are the guidelines for making a workers’ comp claim in Michigan?
Employees who suffer from a psychological injury at work in Michigan must give notice to their employer within 90 days and make a workers' comp claim for benefits within 2 years. Both notice and claim can be made orally so just telling a supervisor about your mental health problems and asking for help is enough to protect legal rights. However, it is still recommended that an employee notify their employer and ask for benefits in writing.
Can I select my own medical provider for treatment?
Employers get to choose the medical providers during the first 28 days of care, and this can lead to an initial roadblock. A person with a psychological injury from work in Michigan might also be sent to a so-called “independent” medical evaluation (IME). These physicians are handpicked by the insurance company and are biased. Many of them make careers out of testifying against disabled employees. We recommend selecting your own doctor after 28 days to ensure proper diagnosis and treatment for a workplace psychological injury.
Disputes about the payment of work injury benefits should be challenged in court. Medical evidence is required to prove a case. This is usually more than a family doctor just saying a person must take a couple of weeks off. We encourage anyone with mental health issues to seek professional help with a specialist.
Have you suffered a psychological injury at work in Michigan? Contact our workers’ comp lawyers for a free consultation.
If you suffered a psychological injury at work in Michigan and want to speak with an experienced attorney about your workers’ comp claim, call now at (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 to help.
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 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 law firm has consistently secured the largest settlements in the state and is the best choice for your case. We never charge 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.
Related information:
Can I Use My Own Insurance Instead Of Workers’ Comp?
