Work injury lawyer explains how the different types of benefits can help you if you’re hurt on the job in Michigan
If you’re injured on-the-job in Michigan, you are entitled to the following workers’ compensation benefits: lost wages, medical care and vocational rehabiliation. To speak with one of our work injury lawyers today about your claim, call (844) 345-0952 now. You can also fill out our free consultation form. There’s no cost or obligation, and we’re here to answer all of your legal questions.
Michigan Workers’ Compensation Benefits You Are Entitled To
Disabled employees are supposed to receive 80% of their after-tax average weekly wage. This is calculated using the highest 39 paid weeks before getting hurt. Overtime, bonuses, discontinued fringe benefits, and lost income from other jobs should be included in the calculation. A good rule of thumb is 60% of gross income should be paid.
Wage loss benefits do not start until an employee has been disabled for seven days. Employees who are disabled for more than two weeks can recover lost wages from the start.
Watch out for insurance companies who say you are only partially disabled and reduce weekly checks based upon residual wage earning capacity. This can be challenged through a good-faith job search and vocational testimony.
Payment of medical care is an important Michigan workers’ compensation benefit. It covers hospital visits, doctor appointments, physical therapy, prescription medications, surgical procedures, and other items necessary to relieve the effects of a workplace injury. Mileage to and from medical appointments should also be paid.
Attendant care is available for people who need help with activities of daily living. Family members can get paid up to 56 hours per week at market rates for providing assistance. This can be a combination of people including but not limited to: spouses, children, uncles, aunts, nephews, and nieces. We have seen cases where attendant care is more valuable than weekly wage loss benefits.
Some disabled employees cannot return to their jobs and they need to be retrained. Others want to go back to school and find a new career. Michigan workers’ compensation law provides for up to two years of vocational rehabilitation benefits. This can be in the form of tuition reimbursement.
Insurance companies use vocational rehabilitation as a weapon to reduce payment of wage loss benefits. Watch out for one-time evaluations by so-called experts who are hired to say other jobs exist. It is possible to challenge these unfair assessments and seek payment for a rehabilitation plan that has a likelihood of success.
Need help filing a claim for your Michigan workers’ compensation benefits? Our attorneys are here to help you
Even if you’re already receiving benefits, it never hurts to have your claim reviewed by an experienced lawyer.
Call us (844) 345-0952 , or fill out our free contact form. The call and the advice are free.
Our work injury attorneys can make sure you’re receiving everything you’re entitled to under the law, and we will not let your employer or insurance company take advantage of you.