Client behaviors meant to solve a problem but make a Michigan workers’ compensation case much harder.
Here is part two of our look at self-defeating strategies. Why they create more problems than are solved. Consider this a warning for people who refuse to perform a good-faith job search as part of their case.
The Michigan Legislature enacted major changes in 2011. The most controversial is the addition of “wage earning capacity” and “partial disability.”
These amendments permit an insurance company to take a credit for phantom wages that could be earned in other employment. You read that last sentence correctly! If the insurance company says a person can work somewhere else, payments can be automatically reduced or eliminated. It does not matter if a person is still technically employed or found disabled under the rules of Social Security.
Evidence of a good-faith job search can be used to argue for full weekly benefits at trial. This has quickly become one of the most important parts of a case. It can also dramatically increase the value of settlement. We tell our clients to resist the urge to give up looking and make sure to have completed job search logs.
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 photologue_np.