Michigan workers comp attorney shows how imaginary wages can be used to unfairly stop the payment of benefits.
House Bill 5002 became law on December 19, 2011. Just 17 days later and we already have a client whose benefits were stopped based upon make-believe wages. Our client now finds herself in the position of not being able to find a job and having no wage loss benefits.
We believe that it is important to tell her story so that others will not be discouraged. If your wage loss benefits have been stopped or reduced, you need to call an experienced workers comp attorney. Do not suffer in silence and simply accept an unfair decision from your employer or its workers comp insurance company.
A real-life example of imaginary wages under Michigan workers comp
Ms. X is a nurse who sustained a serious back injury at work. Her treating doctor and the IME doctor both agree that she cannot return to her regular job. The hospital that employed her for over 20 years has not offered any employment options within her restrictions. She is currently looking for other work but has been unsuccessful because of her injury.
The hospital is self-insured for workers comp benefits. This means that they do not have to purchase workers comp insurance because they have enough money to pay claims on their own. The hospital has not disputed that an injury occurred or that she needs restricted work. However, wage loss benefits were stopped because they believe she can work somewhere else. Just not in their hospital.
To prove their point, they hired a “vocational expert” to find jobs that were alleged available within her restrictions, qualifications, and training. The vocational expert performed an Employability and Wage Earning Capacity Analysis. Several jobs were located but the vocational expert could not identify how much any of them actually paid. The vocational expert then concluded that she could still earn equivalent to her former position with the hospital. Wage loss benefits were immediately stopped.
Ms. X now needs to file a workers comp case and prove to a magistrate that she should be getting wage loss benefits. This process will take many months and could cost thousands of dollars in litigation expenses. We expect to win this case but she will never be able to recover for the suffering and delay that this irresponsible employer has caused.
How to get help with your Michigan workers comp claim
We strongly urge you to hire an experienced workers comp attorney whenever you have an injury at work. Don’t wait until you are cut-off to get the help that you need. This is especially true if you have been scheduled to meet with a vocational counselor or for a wage earning capacity analysis.
To speak with one of our Michigan workers comp attorneys, call (855) 221-2667 for a free consultation. There is no fee unless you recover workers comp benefits. We will hold your employer and its insurance company responsible.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers comp benefits and never charges a fee to evaluate a case.