Michigan workers’ comp lawyer explains how to protect legal rights after a back injury and why these claims are frequently denied.
Our Michigan workers’ comp lawyers are regularly contacted by individuals who are suffering from back pain. They want to know about their legal rights and how to protect themselves after a workplace injury. A common question we get asked is: I hurt my back at work in Michigan, can I sue? Here is some of the information about workers’ comp benefits.
Michigan law guarantees medical treatment to employees who hurt their back at work. This includes emergency room visits, hospital stays, doctor appointments, medication, physical therapy, epidural injections, surgery, mileage reimbursement, attendant care, and even home/vehicle modifications. Employees can pick and choose their own doctor after 28 days from the start of medical care.
Wage loss checks equal to 80% of the employee’s after-tax average weekly wage should also be paid. This calculation is based upon the highest 39 paid weeks and should include overtime, discontinued fringe benefits, and income from second jobs. This money is paid for the entire length of disability.
Insurance companies frequently dispute payment for back pain. They use the independent medical examination (IME) to say a person is fine and can work. It is also common to blame degenerative arthritis as the source of pain. We recommend filing an Application for Mediation or Hearing and challenging disputes.
I hurt my back at work in Michigan, now what should I do?
If you hurt your back at work in Michigan, make sure to give notice of within 90 days. We recommend telling a supervisor or manager immediately so there is no confusion about when, how, or if it occurred. Ask to fill out an accident report if necessary.
Employers and insurance companies frequently dispute the so-called Monday morning accident. They assume a person got hurt over the weekend and now want to get paid under workers’ comp. Do not wait to report a workplace accident or legal rights could be jeopardized.
A person can make a claim for workers’ comp benefits within 2 years. Simply asking your employer for medical treatment or lost wages should be enough to satisfy this requirement. It is a good idea to put something in writing like an email or text message and keep it for your records.
Seek immediate medical care and explain to the doctor exactly how you got hurt. This will ensure the incident is well documented and can be referenced by claims adjusters, attorneys, and the magistrate. Giving the correct history to medical professionals can make or break your claim.
My back injury claim is denied, can I sue?
In Michigan, if you hurt your back at work and you filed a workers’ comp claim and it was disputed then you can file an Application for Mediation or Hearing. It will be up to the magistrate to decide if workers’ comp benefits should be paid. This is not a “lawsuit” per se, but an administrative hearing. Medial and vocational evidence should be presented in accordance with the rules.
Good luck getting the insurance companies to do the right thing on their own. Our experience shows they pay for a short period of time and then find any excuse to stop payment. Insurance companies do not want to accept long-term responsibility because they know how much money will need to be paid out.
If you hurt your back at work and want to sue, we recommend speaking with an experienced workers’ comp lawyer immediately. This is especially true if your doctor believes that disability could be permanent. Many of our clients opt to settle these claims for a lump sum cash payment and give up their jobs. Find out about your legal rights before it is too late.
Hurt you back at work in Michigan and wondering if you can sue? Call our attorneys now for a free consultation!
If you hurt your back at work in Michigan and are wondering if you can sue for your injury, call now to speak with an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years. Our attorneys can help you better understand work comp laws and what happens after someone has been injured 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 injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.
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