How to protect your legal rights under Michigan’s workers comp law.
Most people never think about getting hurt on-the-job. The idea of having to file a workers comp claim against their employer is frightening.
Questions about wage loss benefits and medical treatment are very common. The biggest fear is not being able to provide for your family.
Dealing with workers comp is not easy. Here are 5 rules to follow that can help protect your legal rights.
1. Always promptly report your injury
Notice of injury must be given to your employer within 90 days. It can be oral so if you told a supervisor or manager that you got hurt this should be enough. We recommend completing an accident report so that it is documented. Do not wait because late reporting is considered a red flag and your claim could be denied.
2. Select your own doctor after 28 days
You can select your own doctor after 28 days. This guarantees you have the best medical care and avoids a potential conflict of interest. Watch out for insurance company doctors who ignore your complaints and do not have your best interests at heart.
3. Never quit your job in anger
Walking away from your job is a huge mistake. This can be interrupted as taking yourself out of the labor market and you will forfeit wage loss benefits. We recommend that you attempt light duty if offered by your employer. Talk with your doctor if you need to stop work entirely.
4. Perform a good-faith job search
Insurance companies get a credit for “phantom wages” that are not actually paid by anyone. This is accomplished by hiring a vocational expert to say jobs are available but you are not trying hard enough to find them. Performing a good-faith job search proves these made-up jobs don’t exist. It is critical evidence that a magistrate can use to award full wage loss benefits.
5. Get free legal advice
Having a lawyer on your side can make all the difference in your claim. We offer free advice and the insurance company does not have to know until you are ready. Solving minor problems before they turn into major issues is the goal.
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 35 years. Call (855) 221-2667 for a free consultation today.
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Photos courtesy of Creative Commons, by J_O_I_D.
