Warning about bad legal advice on the Internet and how it costs you nothing to speak with an experienced workers’ comp attorney in Michigan.
We have seen people use online resources to represent themselves in court. It never goes well and odds are they will lose at trial. One individual thought he had a valid workers’ comp case simply because anonymous users on an Internet forum agreed.
Our law firm has over 50 years of combined legal experience. We designed our website as a general resource for learning about Michigan workers’ comp law. It is not intended to substitute for attorney advice and should not be used as such.
Here are some general topics that people generally misunderstand. We suggest contacting an attorney who can provide answers to your specific questions. Attorney fees are only charged if additional benefits are recovered.
Wage loss calculation
A common mistake involves the wage loss calculation. People on workers’ comp are supposed to receive 80% of their after-tax average weekly wage. Confusion happens when they get their first check and it is lower than expected. The amount will typically be closer to 60% of gross pay because it is after-tax.
Selecting own doctor
Individuals on workers’ comp are permitted to select their own doctor after 28 days. The clock starts when they are first seen by a doctor and not when the accident occurred.
Timeline to start a case
Workers’ comp does not have a technical statute of limitations. A person must only provide notice of injury within 90 days and make a first claim for benefits within 2 years. Individuals who satisfy these requirements and have problems later can still ask for additional benefits. A 1 or 2 year back rule will limit recovery.
Medical proofs needed at trial
Do not expect a magistrate to award benefits using his or her common sense. Just because you are right does not mean you will win at trial. Rules of evidence apply and specific procedures must be followed. Deposition testimony from a doctor is key to obtaining benefits.
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 (844) 316-8033 for a free consultation today.
Photo courtesy of Creative Commons, by LearnerWeb.