Michigan workers comp lawyer explains the importance of medical evidence and why your doctor must support your claim for benefits.
Michigan workers comp cases have become extremely complicated over the years. The issues of causation, disability, and wage earning capacity have a profound effect on whether a person will qualify for benefits.
An individual must present his or her proofs in accordance with the rules of evidence and the law. You cannot simply tell the magistrate how you got hurt and expect to win your case. Even if the facts are on your side, you can still lose if the case is not properly presented.
The most important proof at trial will be medical testimony from your treating doctor. This is usually obtained via deposition at the doctor’s office. Most doctors refuse to come live to court because of the potential to sit around all day.
Why medical testimony is so important in workers comp
You must prove that you suffered a work-related injury and it has caused disability. You always have the burden of proof and there are no shortcuts. This might sound easy if your work injury is obvious but don’t be fooled.
Your employer and its insurance company will blame everything but the work injury for your disability. This is especially true if you have a pre-existing condition such as arthritis or a history of prior injury. You may not even know you have a pre-existing condition until the independent medical examiner suddenly discovers it.
Defense doctors are also notorious for saying you are fully recovered and can return to work unrestricted. Even when your doctor says just the opposite.
You must take the deposition of your treating doctor to win your workers comp case. Your doctor will provide an opinion about whether you can work and if your problems are related to an on-the-job injury.
When there are competing medical opinions about your injury, it will be up to the magistrate to decide who is correct. Having a treating doctor on your side makes a strong argument for the payment of workers comp benefits.
Why you need a good Michigan workers comp lawyer on your side
Defense attorneys are like sharks who smell blood in the water. They will exploit the fact that you are unrepresented and will use legal maneuvers to stop you from presenting your case.
Hiring an experienced workers comp lawyer will level the playing field and put you in the best position to win your case. A good workers comp lawyer will know what questions to ask your doctor and how to prove your case.
Additionally, most doctors charge between $800.00 and $2,500.00 per hour for deposition testimony. A good workers comp lawyer will advance this cost until you are successful in obtaining past due benefits or a lump sum settlement.
To speak with an experienced workers comp lawyer in Michigan, call (855) 221-2667 for a free consultation. We will make sure that your legal rights are protected and that you recover all the workers comp benefits available.
– 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 compensation benefits and never charges a fee to evaluate a case.
– Photo courtesy of Creative Commons, by j3net.