Michigan workers comp lawyer discusses the confusion surrounding the effective date of House Bill 5002.
The workers comp reform bill (House Bill 5002) passed last December left many people wondering if it would apply to injuries before its effective date. There was confusion because sections of the workers comp law refer to all dates of injury after June 30, 1985.
In fact, some defense firms have been arguing that these workers comp changes apply to all injuries. This is despite comments from the primary sponsor of the bill who has insisted that these changes would not affect anyone already on workers comp.
To resolve this confusion, the Governor has signed supplemental legislation that directly addresses this issue. House Bill 4552 specifically says that the amendments to the workers comp law only “apply to personal injuries and work-related diseases incurred on or after December 19, 2011.”
What this means for your workers comp claim
We see many employers and insurance carriers who are confused on the application of these workers comp changes. Some insist that everyone who is on workers comp is affected. This is not correct!
If you believe that your benefits have been reduced or stopped because of these changes, talk to an experienced workers comp lawyer immediately. You may only have one year to correct a mistake. It could end up costing you significant benefits if you do not act timely.
The same bad law might still apply to your claim
Recent court decisions have severely limited access to workers comp benefits in Michigan. In some instances, we are seeing court decisions that are even more harsh than the changes in the workers comp reform bill.
People are finding that their benefits are reduced by imaginary wages from jobs that don’t exist. Some are not getting any benefits at all. It is important to challenge any unfair decision from your employer or its insurance carrier.
Where to get help when your workers comp benefits have been denied
Even if you are being paid workers comp on a voluntary basis, its a good idea to make sure that you are getting the correct benefit rate. Most experienced workers comp lawyers will review your situation for free.
Call (855) 221-2667 to speak with one of our workers comp lawyers. We will fight to make sure that you get all the benefits that you deserve.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers comp benefits and never charges a fee to evaluate a case.
– Photo courtesy of Creative Commons, Horia Varlan.