7 hurdles you might need to jump

Call now for a free consultation
Available 24/7

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Get Help From our Michigan Workers’ Comp Lawyers Today
You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and we pride ourselves on providing you with care, trust, and responsiveness.

What every claimant needs to know about his or her workers comp claim in Michigan.

The best way to ensure success is by understanding the workers comp system. This includes knowing which hurdles you must jump. Don’t count on being paid forever as most claims are eventually disputed. Here are some issues you should know about.

1. Give notice of injury

You must give notice within 90 days. Notice can be oral so if you told a supervisor or manager this should be sufficient. We recommend that you fill out an accident report so that it is documented. Reporting an injury days later can have bad consequences. It is critical that you report all injuries immediately after they occur.

2. Making a claim for benefits

You must also make a claim for workers comp benefits within 2 years. Claim can be oral so simply asking for medical treatment or wage loss benefits is enough. Sometimes an employer will refuse to notify the insurance company and this will delay the entire process. Employers avoid responsibility because each claim has the potential to increase insurance premiums. Get legal assistance if you are given the runaround.

3. Waiting for payment to begin

There is a 7 day wait period under workers comp. You will not receive any wage loss benefits during the first week of disability. Most employers require that you use vacation or sick days during this period of time. Entitlement to wage loss benefits begin on the 8th day. If your disability lasts longer than 14 days, you can receive wage loss benefits going back to the first day. Medical benefits start on the first day of injury but you must wait 28 days to choose your own doctor.

4. The dreaded IME

Michigan law requires that you submit to an independent medical examination (IME) if requested by the employer or its insurance company. The doctor who performs this examination will not provide any medical treatment and no doctor-patient relationship will be established. These doctors are not independent and make a career out of testifying for insurance companies.

5. Notice of dispute

Workers comp benefits can be stopped once a Notice of Dispute is filed. The burden is on the employee to file an application for mediation or hearing and challenge an unfair decision. Insurance companies file disputes for all kinds of dumb reasons.

6. Vocational rehabilitation

A vocational rehabilitation counselor may be hired to help you with retraining or job placement. This can actually make your situation worse if he or she suggests demeaning jobs or ignores work restrictions from your doctor. Vocational rehabilitation counselors are sometimes hired for the purpose of reducing workers comp benefits. This will be based upon jobs the insurance company thinks you can find. A good faith job search may also be required.

7. Settlement

Deciding to settle can be very stressful but it has many rewards. A lump sum cash payment allows you to move on with your life. The amount paid will depend upon how long you will be disabled. Don’t rely upon stories from friends or relatives about how much they got for their settlements. Every claim is different and must be evaluated on its own merits.

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.

Related information:

Why the reason for dispute might not always be what you think and how to get help with your workers compensation claim.

Photo courtesy of Creative Commons, by AdamKR.

Leave a Reply

Your email address will not be published.

Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

Related Blog Posts

Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.