Michigan workers compensation lawyer explains how much you can collect in lost wages if you are found partially disabled.
Michigan workers compensation law has undergone major changes in the last couple years. The most divisive involves payment of wage loss benefits to employees who are deemed partially disabled.
Insurance companies are granted authority to decide who is partially disabled. The burden is then on the injured employee to show entitlement to full benefits.
This is an unfair system and is ripe for insurance company abuse. It can takes months or years for an injured employee to win his or her case at trial. Most people just accept a bad decision and the insurance company receives a windfall.
Partial disability calculation
The weekly benefit rate is 80% of the difference between the injured employee’s after-tax average weekly wage before the personal injury and the employees wage earning capacity after the personal injury.
Wage earning capacity is determined by looking at medical restrictions and performing a transferable skills analysis. This will show the types of jobs that a person could perform with their injury and how much is typically paid. A labor market survey will be used to verify the existence of these jobs.
The person who prepares the wage earning capacity assessment is hired by the insurance company and is not always fair.
An employee may be told that her or she can work in a position never considered before. A job listed as available might not really exist or already been filled.
Challenge an unfair assessment
Hire your own vocational counselor to prepare a wage earning capacity assessment. This can be used to challenge a bad insurance company decision.
A good faith job search can also show that work is not reasonably available. The magistrate will consider this evidence and can award full wage loss benefits.
Call (855) 221-2667 to speak with one of our Michigan workers compensation lawyers. You pay no fee unless you are successful with your case.
– 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.