Michigan workers comp lawyer explains how the length of time back at work could affect your future lost wages.
Sometimes your employer will offer you a chance to come back to work within your medical restrictions. This is known as favored work or reasonable employment. You must attempt this work or you could forfeit your right to wage loss benefits.
What happens if you stop working again because of your original injury? Our workers comp lawyers want to help you understand this complicated situation.
Less than 100 weeks of employment
You are entitled to full weekly wage loss benefits if you have been employed on favored work for less than 100 weeks and lose your job for whatever reason. This includes being fired for good cause. However, you cannot just quit or purposely try to get fired.
100 weeks or more but less than 250 weeks of employment
You are entitled to weekly wage loss benefits if you have been employed on favored work for 100 weeks or more and lose your job through no fault of your own. The amount of wage loss benefits will depend on whether you have established a new wage earning capacity.
250 weeks or more of employment
You are entitled to weekly wage loss benefits if you have been employed on favored work for 250 weeks or more and lose your job through no fault of your own. There is a presumption that you have a new wage earning capacity and your wage loss benefits can be reduced.
What is a new wage earning capacity?
There is some debate in the courts about how to define a new wage earning capacity. Think of a new wage earning capacity as your ability to earn wages from other employers taking into consideration your medical restrictions.
Even if you have a new wage earning capacity, you could still be entitled to wage loss benefits to make up the difference between what you can earn now and what you could earn before your work injury.
Have your situation reviewed by an experienced workers comp attorney
To speak with one of our workers comp lawyers about future lost wages, call (855) 221-2667 for a free consultation. There is no fee unless workers comp benefits are recovered for you.
– Alex Berman is the founder of the law firm. Hes been representing injured and disabled workers exclusively for more than 30 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to review a case.