Suing Workers’ Comp For A Back Injury: What You Need To Know

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Suing Workers' Comp For A Back Injury: What You Need To Know

Michigan attorney explains available benefits when suing workers’ comp for a back injury.

Research shows that nearly 1 in 4 Americans suffer from back pain. This is a huge number of people and many can trace its origins to their jobs. We regularly see employees who suffer from acute and chronic low back pain. Here is some information about suing workers’ comp for a back injury that every employee should know.

Most workplace back injuries occur from lifting, pulling, or pushing heavy items. It is common for employees to have immediate symptoms while bending or twisting. Common diagnoses include lumbar back strain, herniated disc, fractured vertebrae, and pinched nerve. Employees who develop nerve problems can have symptoms that travel down their leg including pain, numbness, and tingling. Treatments includes prescription medication, physical therapy, injections, and surgery.

Michigan law protects employees hurt on-the-job through workman’s comp insurance. It is purchased by the employer and coverage is mandatory. Employees who are denied can file an Application for Mediation or Hearing suing workers’ comp insurance for their back injury.

Medical Treatment

Workman’s comp is supposed to cover all reasonable and necessary medical treatment without co payments or deductibles. This includes emergency room visits, doctor appointments, medication, physical therapy, injections, surgery, attendant care, medical equipment, home modifications, vehicle modifications, and mileage. Employees can select their own doctors after 28 days from the start of medical care. Watch out for the independent medical examination (IME) as this can be used to dispute payment of medical benefits.

Lost Wages When Suing Workers’ Comp For A Back Injury

When suing workers’ comp for a back injury employees who are unable to work are entitled to lost wages. The amount paid should equal 80% of their after-tax average weekly wage. This will be based upon the highest 39 paid weeks during the 52 weeks before getting hurt.

Overtime, discontinued fringe benefits, and even second jobs should be included in the calculation. Payments under workman’s comp are income tax free. Insurance companies pay less using post injury wage earning capacity (PIWEC). Make sure to challenge any reduction based upon “phantom wages” from a nonexistent job.

Vocational Rehabilitation

Many disabled employees are unable to easily transition to light duty work. Workman’s comp pays for retraining and education when needed. Insurance companies can use vocational rehabilitation as an excuse to send people on hopeless job searches. When suing workers’ comp for a back injury, make sure to have someone on your side who can advocate for a vocational rehabilitation plan that makes things better not worse.

Cash Settlement

It is possible to trade workman’s comp benefits for a lump sum cash payment. The amount will depend upon length of disability and medical needs. Many of our clients want to settle and move on with their lives. This allows them freedom to get medical treatment and vocational rehabilitation without interference. Settlement money can be used for paying off debt, starting a new business, or retirement. Make sure to speak with an experienced workman’s comp lawyer about potential options.

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.

Related information:

Workplace Injury in Michigan, Now What Should I Do?

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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.