Solutions to fix workers’ comp in Michigan

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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.

Employees who are hurt on-the-job face many problems under workers’ comp and possible solutions to bring fairness back to the system.

Solution

It is no secret to anyone who reads this blog that we believe workers’ comp has major problems. Legislative reforms have resulted in much lower premiums, but it has come at the expense of disabled employees. Claimants are suffering because they cannot get needed medical treatment or lost wages to support their families. Here are some of the problems that our clients face and possible solutions.

Problem: Insurance companies use biased medical opinions

Michigan law requires a claimant to submit to an independent medical examination (IME) if requested. These doctors are hired by the insurance company and are not “independent.” They perform thousands of IME exams and make careers out of testing against disabled employees. These biased medical opinions are then used to stop payment of benefits. An easy solution to this problem is requiring insurance companies to use doctors who have active practices seeing patients at least 75% of the time.

Problem: Reduction for “phantom wages”

Legislative reforms passed in 2011 allow insurance companies to automatically reduce weekly benefits based upon post-injury wage earning capacity (PIWEC). These “phantom wages” are from jobs the insurance company says a disabled employee can perform. It does not matter whether these jobs are truly available. We had a client see his weekly checks reduced to $19 per week based upon 1 online job listing that he was not even qualified to perform. Other clients have seen their weekly checks reduced to $0. We must return to the days when the insurance company only got a credit for wages that are truly earned.

Problem: Long wait to get benefits reinstated

Many of our clients have not received wage loss benefits for months or even years. These individuals cannot pay bills or put food on the table. Some lose their homes to foreclosure while others end up in bankruptcy. Workers’ comp is supposed to be a safety net for people hurt on-the-job. We believe a temporary reinstatement of benefits pending a formal hearing is a good solution. Claimants who win their cases at trial are entitled to 70% payments while the matter is on appeal. This rule should be expanded to include those claimants who were cut-off within the last 60-days and are waiting for a hearing.

Problem: Late settlement checks

Settlement becomes the only viable option for claimants who are about to lose everything. Checks that are not issued timely are a major concern. The administrative rules allow for waiver of the 15-day appeal period to shorten the process but have no penalty for late checks. We recently had an insurance company take two months to issue a draft. We think magistrates should be empowered to grant penalties when a settlement check is over 30 days late.

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.

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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

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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 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.