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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.

Loopholes that need to be fixed in Michigan workers compensation law and games insurance companies play.

Michigan’s workers compensation law was enacted in 1912 and designed as a grand bargain between labor and business. It provides employees with limited benefits in exchange for giving up the right to file a civil action. If an employee gets hurt, he or she receives medical treatment and lost wages only. The employer is shielded from paying additional damages such as pain and suffering.

Many changes to workers compensation have occurred throughout the years. Reform efforts pushed by special interest groups have eroded the safety net. This has resulted in several loopholes that allow insurance companies to avoid paying required benefits.

A loophole is defined by the Merriam-Webster dictionary as “an error in the way a law, rule, or contract is written that makes it possible for some people to legally avoid obeying it.” Here are three loopholes that must be corrected immediately.

1. Spouse not considered a dependent

Michigan law originally provided that a wife was a conclusive dependent entitled to receive survivors benefits if her husband died in the course of his employment. This was found to be unconstitutional gender bias and neither a wife or husband are now a conclusively presumed dependent. A spouse must prove factual dependency to receive survivors benefits and will be disqualified if less than ½ of his or her support came from the decedent. Most families need two incomes to survive and a working spouse might not get any benefits if their husband or wife dies in a workplace accident. The only payment being be a $6,000 burial expense. Talk about a windfall for the insurance company!

2. Seasonal employee losing job and benefits

Michigan courts have found that a seasonal employee is not entitled to any wage loss benefits during a period of time when he or she would not otherwise be working. This applies to teachers, professional athletes, and general laborers. Other Michigan courts have ruled that wage loss benefits continue if a seasonal employee still has a “wage loss” during the off-season. This confusion has led to uncertainty and resulted in many people losing their benefits. Just because a person is not working for a period of time does not mean their disability has ended.

3. Preexisting condition defense

Insurance companies regularly deny claims when a person has some preexisting condition. We see this with people who have degenerative arthritis in their joints or spine. If a person was able to work and now has a problem this indicates something happened. Michigan law requires showing a pathological change and this is a very difficult burden. Many people find themselves without remedy because they can’t actually prove they were hurt.

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:

How Michigan workers compensation can protect you after an at-work injury

Photo courtesy of Creative Commons, by Mike Dot Mike.

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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

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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.