Part 2: Work Comp Case Approved!

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Get Help From our Michigan Workers’ Comp Lawyers Today
You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and we pride ourselves on providing you with care, trust, and responsiveness.

Strategies for dealing with insurance companies who refuse to pay Michigan work comp benefits.

Insurance companies use various arguments to dispute payment of work comp benefits. We blogged about some of the most common defense tactics yesterday.

This blog post is dedicated to winning strategies and getting your case approved.

Here is how you can put yourself in the best position to succeed at trial.

Argument #1: “It’s just a degenerative condition.”

Insurance companies will tell you that your back or neck pain is just part of the aging process. Almost everyone develops some arthritis as they age. This does not mean that you did not suffer a traumatic injury. Watch out for new symptoms like pain or numbness that you never experienced before. Ask your doctor if your preexisting pathology has somehow worsened or changed. This is very common when you have a new diagnosis of herniated disc or radiculopathy.

Argument #2: “Only subjective complaints of pain.”

You have the right to select your own doctor after 28 days. Many of our clients are diagnosed with just a sprain or strain when their medical condition is actually much worse. It is critical that you have a doctor who is on your side and will stand up to the insurance company. Michigan law requires all reasonable and necessary medical be covered. You should also receive wage loss benefits if disabled from work.

Argument #3: “Injury was reported on a Monday!”

Many people worry about getting hurt on-the-job and wait to see if they get better on their own. Do not wait and give the insurance company an excuse to dispute benefits. They will assume you got hurt over the weekend and want a free ride from work comp. Report all injuries when they occur!

Argument #4: “Walked off the job.”

We tell our clients to attempt any job that is offered and never quit. Our experience shows that many employers are just testing to see if you will really come back to work. Calling their bluff will give you the advantage at trial. You can explain to the magistrate how the job offered was beyond your work restrictions.

Argument #5: “Residual wage earning capacity.”

The Michigan Legislature enacted major changes to work comp in 2011. Insurance companies now get a credit for “phantom wages” that are not actually paid. This is accomplished by hiring a vocational expert to say jobs are available but you are not looking hard enough. Performing a good-faith job search will show the magistrate that no employer will actually hire you. It is powerful evidence that can be used to win at trial.

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 (855) 221-2667 for a free consultation today.

Related information:

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Photo courtesy of Creative Commons, by ~ Paige ~.

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Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

Related Blog Posts

Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.