Michigan workers’ comp lawyer discusses “exclusive remedy” and how to get compensated after getting hurt on-the-job.
We get many telephone calls and emails from people hurt on-the-job. They have many questions such as: Can I sue my employer for pain and suffering damages in Michigan? What type of benefits can I get paid? What happens if my claim is disputed?
We explain that workers’ comp is the “exclusive remedy” against their employer. It is a compromise between employee and employer rights. No lawsuit can be filed for pain or suffering but medical treatment and lost wages are guaranteed regardless of fault.
Can I sue my employer for pain and suffering in Michigan?
In Michigan, an employee hurt at work cannot sue their employer for pain and suffering damages. Workers’ comp is considered an exclusive remedy. It pays for medical treatment, lost wages, and vocational rehabilitation regardless of fault. It is a safety net for employees who are hurt on-the-job.
Exceptions
There are some exceptions to the exclusive remedy provision. In Michigan, an employee can sue their employer for pain and suffering if they did not have required workers’ comp insurance and were negligent. It is also possible to file a lawsuit for these pain and suffering if the employer committed an intentional tort.
What type of workers’ comp benefits can I get paid?
All reasonable and necessary medical treatment should be paid. There are no copayments or deductibles owed under workers’ comp. Employees can select their own doctor after 28 days from the start of medical care. Medical treatment is a lifetime workers’ comp benefit.
Wage loss benefits should equal 80% of an employee’s after-tax average weekly wage. This calculation includes overtime, bonus pay, discontinued fringe benefits, and even second jobs. Weekly checks are paid for the entire length of disability.
Vocational rehabilitation can be used to help transition to a new job. This workers’ comp benefit can pay for career counseling, retraining, and education.
What happens if my workers’ comp claim is disputed?
Insurance companies dispute workers’ comp benefits for all kinds of reasons. This is to save money at your expense! Make sure to hire an experienced workers’ comp lawyer if this occurs. There is never an attorney fee unless additional workers’ comp benefits are obtained.
Watch out for the independent medical examination (IME) because these doctors are hired by the insurance company, and they make careers out of testifying against people. Vocational counselors are used to establish that other work is available, and weekly checks get unfairly reduced.
In Michigan, can I sue my employer for pain and suffering damages if my claim is disputed?
No, you cannot sue your employer for pain and suffering damages if your workers’ comp claim is dispute but an individual who finds their claim disputed can file an Application for Mediation or Hearing. This starts a formal court process where a magistrate decides if additional medical or lost wages should be paid. Settlements are very common through this process.
Injured on the job in Michigan and wondering if you can sue your employer for pain and suffering damages? Call our workers’ comp lawyers now for a free consultation!
If you were injured while on the job in Michigan and you need help with your workers’ comp claim and are wondering if you can sue your employer for pain and suffering damages, call now (844) 418-1186 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 30 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 (844) 418-1186 for a free consultation today.
Related information:
Can I Change My Workers’ Comp Doctor: What You Need to Know
