Michigan personal injury lawyer breaks down the top five fears that people have regarding workers compensation.
Most of our clients have never needed to ask for workers compensation benefits. They are uncertain of the future and afraid of the consequences.
Here is our top five biggest fears that people have when they decide to start a claim.
“I don’t want to rock the boat and lose my benefits”
Your workers compensation benefits cannot be stopped just because you spoke with a lawyer. You should be paid wage loss benefits for any period that you cannot work. You should also receive any medical treatment that is reasonable and necessary. We recommend that you speak with a lawyer immediately following a serious workplace injury. Do not wait until you are cut-off to seek help.
“It’s too late to file my claim”
If you gave proper notice of your injury and made an initial claim, you can collect benefits at any time in the future. Notice of your injury must be given to your employer within 90 days of the incident. Notice can be oral, so just telling a supervisor or your boss is enough. Even if you did not fill out a formal company accident report, you can still make a claim for benefits. Claim must be made within two years of your injury. Claim can be as easy as asking for medical treatment or lost wages from your boss.
“The IME doctor says there is nothing wrong with me”
Just because an insurance company doctor says you can work does not mean that you are prohibited from seeking benefits. Insurance company doctors routinely find nothing wrong with people. You can select your own doctor after 28 days and get a second opinion. If your doctor supports a claim, you may be entitled to substantial benefits.
“My boss will fire me if I ask for workers compensation”
You cannot be fired or retaliated against just because you asked for workers compensation benefits. Michigan law specifically prohibits this type of employer behavior. If this occurs, you could have a case for wrongful termination and be entitled to significant damages.
“My weekly comp checks are wrong”
Insurance companies make mistakes and they are never in your favor. Your weekly comp rate is set by Michigan law, not your employer or the insurance company. You should receive approximately 80% of the after-tax value of your average weekly wage while you were working. Overtime and premium pay must be included in this calculation. You can also sometimes be compensated for the loss of fringe benefits.
To speak with one of our personal injury lawyers in Michigan, call (855) 221-2667 for a free consultation. There is never a fee unless you receive workers compensation.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.
– Photo courtesy of Creative Commons, by kenteegardin.