Michigan workers’ comp lawyer explains how the wage loss benefit is calculated.
Many of the individuals who contact our law firm are shocked to learn about their legal rights. They cannot sue for money damages even if their employer was negligent. Workers’ comp is the exclusive remedy and benefits are limited. If you are injured while on-the-job in Michigan, workers’ comp does pay for missed work. This money received are wage loss benefits and the amount paid should equal approximately 60% of gross pay.
Getting hurt on-the-job can turn a person’s life upside down. This is especially true for those families living paycheck-to-paycheck. In Michigan, workers’ comp is a safety net so if you miss work due to an accident on the job, it is designed to help individuals like you to pay the bills. It doesn’t matter who was at fault for the workplace accident and benefits are guaranteed.
Watch out for insurance companies who just estimate the weekly rate. Disabled employees are supposed to receive 80% of their after-tax average weekly wage. This is based upon the highest 39 paid weeks out of the 52 weeks before the accident occurred. Money for overtime, discontinued fringe benefits, and even second jobs should be included in the calculation. Tax filing status and number of dependents also plays a role in the calculation.
A lot of clients ask how much does Michigan workers’ comp pay for missed work and we tell people that a good rule of thumb is the weekly comp rate should be approximately 65% of gross wages, subject to a statewide maximum.
Does workers’ comp pay for missed work in Michigan?
According to Michigan law, workers’ comp pays you wage loss benefits if you are hurt-on-the-job and miss work. This money paid continues for the entire period of disability. It is based upon 80% of a person’s after-tax average weekly wage. It should include money for overtime, discontinued fringe benefits, and second jobs.
Watch out for insurance companies who use post-injury wage earning capacity (PIWEC) to say other jobs are available. They use a vocational counselor to make a list of jobs that a person could possibly get. Phantom wages will then be used as deduction to what should be paid. It is important to challenge any biased vocational assessment in court.
Not only does Michigan workers’ comp pay for missed work but it also pays guaranteed benefits to individuals who suffer from an amputation. Body parts like fingers, hands, arms, toes, feet, legs, and eyes are covered. Employees who receive specific loss benefits can also make claims for general disability if they cannot return to the job.
Many of our clients want to settle their claims for a lump sum payment. This is when a person trades future wage loss benefits for cash. It is an attractive option because it allows them freedom to move on with their lives. They can collect several years of lost wages up front and then find a new job somewhere else immediately.
Please call our office if a settlement is something you wish to pursue. There is no fee unless we recover additional money. Never accept a wage loss dispute without challenging it in court!
Injured while on-the-job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and you are wondering if and how much workers’ comp and pay you for missed work, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury 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 hurt and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.
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