Understanding your legal rights under workers’ compensation and when a case really does exist.
We blogged last week about individuals who feel pressured to call our office. Friends and family members insist they need a lawyer despite a minor injury.
Many of these individuals are back to work. A lawyer is not needed unless a person has a wage loss or unpaid medical bills. Pain and suffering is not available.
Most claims are paid without dispute. However, there are times when it is a good idea to speak with a lawyer.
Specific loss benefits
Michigan law provides a schedule for specific loss benefits. This is the minimum number of weeks a person should receive benefits regardless of a return to work. Examples include loss of a thumb, finger, hand, arm, toe, foot, leg, or eye. Many insurance companies fail to pay these specific loss benefits when someone has already returned to work. It is important to contact a lawyer if this occurs.
Differential wage loss is owed
Some employees return to work at fewer hours or less pay. It is possible to make a claim for differential wage loss if a person can prove the work injury is the direct cause. The insurance company must know a claim is being made. Pay stubs should be sent so a new weekly comp rate can be calculated. It is also possible to settle these claims depending upon the circumstances.
Additional medical treatment is needed
There is no statute of limitations when it comes to workers’ compensation in Michigan. Individuals who previously gave notice of injury within 90 days and made claim within 2 years can always seek future benefits. This situation typically occurs when an individual has later complications and needs additional medical treatment. Wage loss benefits could also be owed if the person stops working.
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) 201-9497 for a free consultation today.
Photo courtesy of Creative Commons, by LabyrinthX.