Michigan workers’ comp lawyer explains how to assert your legal rights after suffering a back injury while lifting something at work.
Statistics indicate that nearly 1 in 4 Americans suffer from back pain. This is a huge number of people, and many can trace its origins to their jobs. Many of our clients have suffered a back injury from lifting at work in Michigan. Here is some information about whether a person has a case.
Most people have suffered a back injury on the job. It usually also involves pulling, twisting, and pushing items. Common diagnoses include lumbar strain, herniated disc, annular tear, fractured vertebrae, and pinched nerve. Symptoms include pain, numbness, and tingling that can down their leg. Many individuals require surgery including laminectomy, discectomy, and fusion.
Employees who are injured on the job in Michigan have legal rights. Workers’ comp is supposed to pay all medical bills. MCL 418.315 (1). It should also cover lost wages equal to 80% of a person’s after-tax average weekly wage. MCL 418.301 (7).
Provide notice to employer after suffering a back injury from lifting at work
In Michigan, employees are required to give notice of a back injury from lifting at work within 90 days of it occurring to qualify for workers’ comp benefits. MCL 418.381. This can be done orally so just telling a manger or supervisor is enough. We recommend asking to fill out an accident report, so it is well documented.
Make a claim for workers’ comp benefits
Employees must also make a claim within 2 years of getting hurt. MCL 418.381. This can be verbal so just asking for medical treatment or wage loss benefits satisfies this requirement. It is a good idea to ask for benefits in writing so there is no question that claim was timely made.
Seek medical treatment
Employees who want to collect workers’ comp benefits need to seek medical treatment. They should explain to a doctor about how they suffered their injury. This evidence will be critical should a dispute about how it happened ever arise. Employees have the right to select their own doctor after 28 days from the start of medical care. MCL 418.315 (1). Many people are incorrectly diagnosed until they are sent for CT scan or MRI.
Collect medical and lost wages
Most people who suffer a back injury from lifting at work in Michigan collect workers’ comp benefits and quickly return to their jobs. All reasonable and necessary medical treatment should be covered without any copayments being owed. Lost wages should be paid for however long an employee must remain off from work. Employees who find themselves unable to return to their jobs can settle a workers’ comp claim for a lump sum cash payment through redemption. MCL 418.835.
Challenge any dispute
Watch out for insurance companies who dispute workers’ comp claims. They do this to save money on benefits at your expense. It is usually based upon a so-called “independent” medical examination. The IME doctor will say an employee did not suffer the injury at work, but all problems are caused by degenerative disc disease (arthritis). It is important to challenge any dispute by hiring an experienced lawyer. Most of these cases end up settling for a lump sum cash payment.
Suffered a back injury while lifting something at work in Michigan? Contact our lawyers for a free consultation.
If you suffered a back injury from lifting something at work in Michigan and need help with your workers’ comp claim, call now speak with an experienced lawyer, 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. Our attorneys can help you better understand Michigan workers’ comp laws and what happens after someone 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 (844) 753-0896 for a free consultation today.
