Michigan lawyer explains a workers’ comp payout for a shoulder injury and how to get the largest possible settlement.
We think knowledge is power and understanding your legal rights is the key to a great settlement after a workplace injury. Many of our clients want to know about a workers’ comp payout for a shoulder injury. This money allows them freedom to get medical treatment and transition to a new career. It is a way to get out from underneath the insurance company.
Michigan law protects employees hurt at work covering medical bills, lost wages, and vocational rehabilitation. Settlement is going to depend upon how much money the insurance company thinks it must payout. Insurance companies know the value of claims and they don’t want to overpay.
Insurance companies look at future medical needs and how long a person is expected to remain off work. The best way to get a fair settlement is by developing medical and vocational evidence. We tell our clients that a good workers’ comp payout for shoulder injury covers future medical treatment and several years of lost wages.
Medical evidence is needed to establish settlement value
Medical evidence is needed to establish causation and need for treatment. A doctor must explain how current shoulder problems are related to employment. A treatment plan should be created showing what types of medications and procedures are needed in the future. This information can be used to negotiate the largest possible settlement. It is common to have the value of a future surgery included in the settlement.
Watch out for insurance companies who send people to an independent medical examination (IME). These doctors are selected by insurance companies because they often find nothing wrong or say problems are just from arthritis. Many of these IME doctors make careers out of testifying against disabled employees and get paid large sums of money. Call an experienced work injury lawyer if scheduled for an IME.
Vocational evidence can make or break a settlement
Disabled employees are supposed to be paid lost wages if unable to work. The amount should equal 80% of their after-tax average weekly wage subject to a state-wide maximum. This calculation includes money for overtime, discontinued fringe benefits, and even second jobs that can no longer be performed. A workers’ comp payout for shoulder injury is going to depend upon the weekly comp rate and how long a person is disabled.
Vocational rehabilitation helps disabled employees’ transition to new jobs. It can be used to pay for counseling, retraining, and education. Unfortunately, insurance companies use vocational rehabilitation against disabled employees, and it is not always a fair assessment. They use post-injury wage earning capacity (PIWEC) to say a person can find a new job and cut the weekly comp rate. This severely impacts the value of a workers’ comp payout for shoulder injury. Less money paid for lost wages means a smaller settlement. Call an experienced work injury attorney if this should occur.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled employees exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.