Our list of the most frequently asked questions and answers when someone first calls our office.
Most people never consider what happens if they are hurt at work. The idea of having to file a workers comp claim is overwhelming. Here are some frequently asked questions and answers that new callers want to know.
Q. How do I file for workers comp?
A. Tell your employer within 90 days of injury and ask for benefits within 2 years. It is the responsibility of your employer to contact the insurance company and make a claim. If your employer refuses to cooperate, file an Employee’s Report of Claim (Form WC-117) with the State of Michigan. Notification will be sent to both the employer and its insurance company.
Q. When do I get my first workers comp check?
A. Wage loss benefits do not start until the second week of disability. You should expect payment on the 14th day of disability. However, a check is not considered “late” until 30 days past due. Future checks will be paid on a weekly basis.
Q. How much does workers comp pay?
A. You should receive 80% of your after-tax average weekly wage. This will be based upon the highest 39 paid weeks in the last 52. This amount is subject to a state maximum of $805 per week for 2014. Benefits can be reduced if you are partially disabled and have a wage earning capacity.
Q. Can I pick my own doctor?
A. You can select your own doctor after 28 days. All reasonable and necessary medical treatment should be paid under workers comp. Simply notify the insurance company of your intention to switch doctors.
Q. Do I need to look for work?
A. You are required to seek work that is reasonably available and within your restrictions. Benefits will be automatically reduced if the insurance company believes you can find another job. A magistrate may consider a good-faith job search to determine whether jobs are reasonably available.
Q. Do I have to see a workers comp doctor?
A. Insurance companies routinely send claimants to independent medical examinations. These doctors are selected by the insurance company and rarely find in your favor. Benefits can be suspended if you refuse to attend this appointment.
Q. How much is my workers comp case worth?
A. Statistics published by the State of Michigan show the average settlement in 2013 equaled $62,198.08. Your settlement will depend upon future medical costs and length of disability.
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.