Problems our clients faced under workers’ compensation and potential solutions.
We believe knowledge is power and it is important to understand the legal problems in your case. Here are just five issues that we saw last week.
Please remember that every case is different and it is important to speak with an experienced lawyer about your individual situation.
1. Incriminating photos found on Facebook.
A client was terminated from him job over a photo posted on Facebook. Social media is the new frontier in claims investigation. Employers and insurance companies make snap decisions based upon items posted on Facebook, Instagram, or Twitter. We recommend deactivating all social media accounts until your case is over.
2. Settlement check is past due.
Settlement is not final until 15 days after magistrate approval. This time period allows both sides to request it be overturned for good cause. A check should be mailed about two weeks after the appeal period is over. Unfortunately, penalties are not available if the settlement check is late.
3. Death case but no dependents.
We received a telephone call from a distressed woman who lost her husband in a semi-truck accident. Survivor benefits are only available if a qualifying dependent exists. All of his children were over age 18 and the wife supports herself. This means only a $6,000 burial expense is owed to the family under Michigan workers’ compensation.
4. Incorrect average weekly wage.
Our client is currently receiving weekly checks but the amount is less than expected. We determined that the insurance company was using the wrong number of weeks in its wage loss calculation. He will now be receiving a check for a large underpayment and settlement negotiations will be based upon the higher weekly amount.
5. Light duty taken away.
Some employers offer “reasonable employment” for their injured workers. This is light duty work that should be within medical restrictions. It is not limited to past jobs but should be a reasonable distance from home. If reasonable employment is taken away, wage loss benefits should be resumed immediately.
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.
Photo courtesy of Creative Commons, by Photos by Mavis.