Michigan lawyer explains mistakes while on workers’ comp as how it can result in less benefits paid.
Insurance companies are always looking for ways to save money on workers’ comp claims. They will not fully explain benefits and will seize any opportunity to dispute a claim. Mistakes are easy to make when you don’t understand your legal rights. Here is what not to do while on workers’ comp in Michigan.
Staying with the insurance company doctor
Something you will not want to do while on workers‘ comp in Michigan is keep seeing the insurance company doctors after 28 days. Michigan law gives the power to select medical providers to the employer during the first 28 days of medical treatment. Most people are sent to industrial clinics where they receive subpar medical care. It is common for them to be diagnosed with sprains or strains when it is in fact much worse. Many of our clients are not properly diagnosed and sent back to work prematurely.
Relying upon insurance company math
Disabled employees are supposed to receive 80% of their after-tax average weekly wage subject to a state-wide maximum. This calculation should include money for overtime, discontinued fringe benefits, and even second jobs that cannot be performed any longer. We see insurance companies just estimate the weekly comp rate based upon hourly wage, and this results in underpayment. Wait a year or more and that money is gone forever. Our advice is to not take the insurance company at its word and check the math yourself.
Holding mileage reimbursement for 6 months
Individuals who are receiving workers’ comp benefits should get mileage reimbursement to and from medical appointments. The current reimbursement rate is $0.725 per mile as of January 1, 2026. That’s over $70 for every 100 miles driven. It is important to submit mileage requests on a timely basis so that the insurance company pays on time. Do not wait until after the claim is disputed.
Not showing up for the independent medical examination
Insurance companies have the legal right to force a person to attend an independent medical examination (IME). Failure to attend the IME can result in an automatic suspension of benefits. Most of these IME doctors make careers out of testifying against disabled employees. Nevertheless, it is part of the process and should not be ignored. Biased medical reports can always be challenged in court.
Walking away from the job
Employers are given an incentive to bring disabled employees back to work. They don’t have to pay wage loss benefits if they provide a job within restrictions. Unfortunately, employers try to game the system by forcing employees to perform activities outside restrictions or making them do demeaning tasks. Never quit your job in anger while on workers’ comp in Michigan because this could result in a forfeiture of wage loss benefits. It is much smarter to have your doctor take you off work entirely and challenge any unfair dispute in court.
Not hiring a workers’ comp lawyer to evaluate settlement options
Insurance companies do not take people seriously unless they have legal representation. They are betting that individuals do not understand their legal rights and will settle for pennies on the dollar. An experienced workers’ comp lawyer can make sure that a fair settlement is paid. Attorney fees are limited and always get made up by higher payouts. Do not let the insurance company close your case without understanding options.
Injured while on the job in Michigan? Contact our lawyers for a free consultation.
To speak with an experienced attorney about your Michigan work injury claim, call us now (855) 221-2667, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years and can help you better understand Michigan work injury laws and explain what happens if you or a loved one has been hurt on the job.
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.
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.
Related information:
IME Doctor Tricks: 12 That Can Ruin Your Workers’ Comp Claim
