Common exceptions to Michigan workers’ compensation rules and how to protect your legal rights if benefits are disputed.
Our law firm gets numerous telephone calls each week with similar questions. Claimants want to know about rules for medical treatment and lost wages.
We usually suggest a face-to-face meeting if the employer or its insurance company have been causing problems. Here are some exceptions to Michigan workers’ compensation rules that you should know about.
1. Your employer does not have to continue paying for your health insurance. But the value of discontinued fringe benefits can sometimes be used to increase weekly checks. It is also possible that health insurance continues under a union or employment contract. A federal law known as COBRA gives you more options. Check with an insurance broker to find out what is most cost efficient for your family.
2. Your job is not guaranteed when you get hurt at work. But you cannot be fired just for making a workers’ compensation claim. You can also get some limited protection under a federal law known as FMLA. Call an experienced lawyer if you have been wrongfully terminated.
3. Your employer must pay for all reasonable and necessary medical treatment. But opioid prescriptions can be limited after 90 days unless specific requirements are met. It is also possible for your medical care to be disputed using the opinion of an insurance company doctor. Watch out if you have been scheduled for an independent medical examination (IME).
4. You should receive lost wages equal to 80% of your after-tax average weekly wage. But insurance companies can say you are only partial disabled and reduce lost wages based upon “wage earning capacity.” Doing a good-faith job search proves no employer will hire you.
5. You do not get pain and suffering under workers’ compensation. But future wage loss and medical can be settled for a lump sum cash payment. Many of our clients use settlement money to make their lives better. Contact our office for a free settlement review.
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.