Watch out for low ball offers on workers’ comp settlement for back injury claims in Michigan from the insurance company and learn how to increase the value of your claim.
Michigan law permits injured employees who suffered a back injury at work to trade medical and wage loss benefits for a workers comp settlement. This lump sump cash payment is tax free and can be used for any purpose. Many of our clients use this amount money to finish medical treatment and do vocational rehabilitation on their own terms. It is an attractive option when faced with the prospect of getting small weekly checks and being under the thumb of the insurance company.
Some of the more difficult cases involve back injuries. These can be devastating if they result in permanent work restrictions and lifetime medical costs. If an employee has always done heavy work, the transition to a light or sedentary job can be nearly impossible.
Does workers’ comp cover a back injury in Michigan?
In Michigan, workers’ comp does cover a back injury at work and injured employees are entitled to medical treatment and lost wage benefits. These benefits are paid regardless of fault and continue for as long as needed. It is also possible to get vocational rehabilitation if a person must find a new job.
Suing workers’ comp for a back injury in Michigan
In Michigan, an employee who suffered a back injury at work can sue workers’ comp for medical treatment, lost wages and possibly get vocational rehabilitation if they must find a new job. It is possible to trade these benefits for a settlement and the amount will depend upon length of disability and medical needs.
Medical treatment
Workman’s comp is supposed to cover all reasonable and necessary medical treatment without co payments or deductibles. This includes emergency room visits, doctor appointments, medication, physical therapy, injections, surgery, attendant care, medical equipment, home modifications, vehicle modifications, and mileage. Employees can select their own doctors after 28 days from the start of medical care. Watch out for the independent medical examination (IME) as this can be used to dispute a workers’ comp settlement and payment of medical benefits for a back injury.
Lost wages
In Michigan, employees who suffered a back injury at work and are unable to work are entitled to lost wages and the approprate amount should be included in their workers’ comp settlement. The amount paid should equal 80% of their after-tax average weekly wage. This will be based upon the highest 39 paid weeks during the 52 weeks before getting hurt.
Overtime, discontinued fringe benefits, and even second jobs should be included in the calculation. Payments under workman’s comp are income tax free. Insurance companies pay less using post injury wage earning capacity (PIWEC). Make sure to challenge any reduction based upon “phantom wages” from a nonexistent job.
Vocational rehabilitation
Many disabled employees are unable to easily transition to light duty work. Workman’s comp pays for retraining and education when needed. Insurance companies can use vocational rehabilitation as an excuse to send people on hopeless job searches. In Michigan, if you decide to pursue a workers’ comp claim and settlement for a back injury, make sure to have someone on your side who can advocate for a vocational rehabilitation plan that makes things better not worse.
Workers’ comp settlement for back injury
In Michigan, if you suffered a back injury at work it is possible to trade your workers’ comp benefits for a settlement. The amount will depend upon length of disability and medical needs. Many of our clients want to settle and move on with their lives. This allows them freedom to get medical treatment and vocational rehabilitation without interference. Settlement money can be used for paying off debt, starting a new business, or retirement. Make sure to speak with an experienced workman’s comp lawyer about potential options.
What is the average workers’ comp settlement for a back injury in Michigan?
In Michigan, there isn’t a specified average workers’ comp settlement amount for a back injury claim. Statistics published by the WDCA show the average settlement amount for a claim in Michigan was $62,315.56 in 2022. A settlement depends upon several factors including future medical needs and time off from work. Insurance companies look at their potential exposure when deciding how much to pay for an injury.
Watch out for IME doctors
If you suffered a back injury at work in Michigan watch out for low ball workers’ comp settlement offers based upon insurance doctors saying back problems are just part of the aging process. If something happened at work and this has caused new symptoms like pain or numbness, it is a sign that something might have changed. This is especially true if diagnosed with a herniated disc. Don’t let a biased IME report ruin your life!
Any workers’ comp back injury claim should be developed with an eye toward future medical treatment and disability. An experienced workers’ comp lawyer can maximize the value of a settlement by developing medical and vocational evidence to show continuing entitlement. Biased IME reports can also be challenged in court. Attorney fees are quickly made up by higher settlement amounts so get a free consultation today.
Suffered a back injury at work and need help with your settlement? Contact us today!
If you sufferd a back injury at work in Michigan and need help with your workers’ comp settlement, call now speak with an experienced 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 in Michigan for more than 35 years. Our attorneys can help you better understand Michigan workers’ comp laws and what happens after someone 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.
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