Workers’ comp lawyer discusses a psychological injury at work in Michigan caused by employment and how to make a claim for benefits.
Employees who suffer a psychological injury at work in Michigan are frequently overlooked. There is no test that shows what a person is thinking or feeling so it is hard to make a claim. Employers and insurance companies rarely take these claims seriously and frequently dispute workers’ comp benefits. Here is some information that every employee struggling with mental or emotional problems should know.
Employees who suffer from this type of injury at work in Michigan are protected under Michigan workers’ comp law. Both medical treatment and lost wages should be paid. This includes prescription medications, hospital stays, and therapy. The amount paid for lost wages should equal 80% of an employee’s after-tax average weekly wage. Benefits continue for the entire length of disability.
Am I covered under workers’ comp for a psychological injury at work?
To be covered under workers’ comp for psychological injury at work in Michigan, the psychological disorder must arise out of actual events from the workplace and be reasonably grounded in fact or reality. It cannot be based upon imaginary or made up events. However, an employee’s individual reaction to those real events will be judged on a subjective basis. This means what a person thinks or feels about a situation is directly relevant to the question of disability.
Employees who suffer from this type of injury are often treated poorly. Michigan law does not allow an employer to discriminate or take adverse action just because an employee asserted a legal right under workers’ comp. This could lead to a separate lawsuit for wrongful termination. We encourage anyone who is suffering from an emotional or mental disorder from their place of employment to seek appropriate help.
What are the guidelines for making a claim?
Employees who suffer from a psychological injury at work in Michigan must give notice to their employer within 90 days and make a claim within 2 years. Both notice and claim can be made orally so just telling a supervisor is enough to protect legal rights. However, it is still recommended that an employee notify their employer and ask for benefits in writing.
Can I select my own medical provider for treatment?
Employers can select the medical provider during the first 28 days, and this can lead to a roadblock. Employees with a psychological injury at work in Michigan can also be required to attend a so-called “independent” medical evaluation. These physicians are handpicked by the insurance company and are biased. Many of them make careers out of testifying against disabled employees.
Disputes about the payment of workers’ comp benefits should be challenged. Medical evidence is required to prove a case. This is usually more than a family doctor just saying a person must take a couple weeks off. We encourage anyone with psychological injury to seek professional medical help with a specialist.
Call an experienced workers’ comp lawyer if benefits get denied. There is never a fee unless workers’ comp benefits are recovered.
Have you suffered a psychological injury at work in Michigan? Contact our workers’ comp lawyers for a free consultation
If you suffered this type of mental and or emotional trauma on the job in Michigan and want to speak with an experienced attorney about your workers’ comp claim, call us now, 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 35 years and can help you better understand Michigan workers’ comp laws and explain what happens if you or a loved one has been hurt 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.