Michigan attorney discusses what happens if you lose a workers’ comp case in Michigan and strategies to make sure medical bills and lost wages still get paid.
Employees who are hurt on-the-job are entitled to workers’ comp benefits. This includes payment of lost wages and medical bills. Unfortunately, employers and insurance companies routinely dispute these claims. The burden is on the disabled employee to file an Application for Mediation or Hearing and challenge the dispute. But what happens if you lose a workers’ comp case in Michigan? Here is what everyone should know about the risks of trial.
Most workers’ comp cases are eventually settled for a lump sum cash payment. This is good because it eliminates the risk of losing at trial. Most people do not get 100% of what they seek, but it is usually enough money to cover medical bills and get them back on their feet. Ultimately, the goal should be a return to gainful employment. Settlement money can be used for any purpose including medical treatment, finding a new job, starting a business, or retirement.
Trial is a formal hearing where a magistrate hears evidence and decides the facts and law. It will be up to a magistrate to determine whether workers’ comp benefits should be paid. Witness testimony will be taken under oath and is always recorded. Other evidence submitted at trial includes deposition testimony from doctors and vocational experts. Trial can last anywhere from a few hours to a couple days. A formal decision might not be issued for weeks or months. So, what happens if you lose a workers’ comp case in Michigan?
No lost wages will be paid under workers’ comp
Disabled employees are supposed to receive lost wages under workers’ comp. If a magistrate determines that a person is not disabled and that person happens to lose their workers’ comp case in trial in Michigan, then no wage loss benefits are owed.
We tell our clients that it is critical to seek any other benefits that might be owed while a case is pending. Disabled employees who previously received short-term disability or long-term disability benefits will not have to pay it back. There will also be no offset for unemployment benefits that were already paid out.
Medical bills will not be covered under workers’ comp
All reasonable and necessary medical treatment should be covered under workers’ comp. If a person happens to lose their workers comp case at trial in Michigan then medical bills will become an individual’s personal responsibility.
It is critical that medical bills get submitted to health insurance for payment. This means they will not be owed if a person loses his or her workers’ comp case at trial. Most health insurance companies require medical bills to be submitted within 1 year of the date of treatment. Any payments made by group health insurance do not have to be reimbursed if a person loses at trial. However, copayments and deductibles would still be owed.
Need help? Contact our workman’s comp lawyers for a free consultation
Are you worried about your work injury claim and asking “what happens if I lose my workers comp case at trial in Michigan? If so, we may be able to help. Call us now to speak with an experienced workman’s comp attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers and family members who have lost a loved one on the job in Michigan for more than 35 years and can help you better understand Michigan work injury laws and explain what happens if you or a loved one has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
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.