Frequently asked questions about Michigan workers’ comp back injury claims and settlements
On the job injury laws in Michigan are designed to provide wage loss benefits and medical treatment for injuries that occur when you’re on the job. But there are some common injuries that are routinely disputed by employers and insurance companies. Below our attorneys are answer questions about a Michigan workers’ comp back injury claim and what to watch out for.
For help now, call us at (855) 221-2667. You can also fill out our free consultation form.
Does workers’ comp cover a back injury at work?
In Michigan, workers’ comp does cover back injury claims. The state law protects employees who are hurt on-the-job. It does not matter who was at fault just that it arose out of and in the course of employment. There does not have to be a specific event trauma to win this type of claim.
Workers’ comp benefits include unlimited medical treatment, lost wages, and vocational rehabilitation. Employees can select their own doctor after 28 days and should never owe any copayments/deductibles for medical treatment. A disabled employee can also expect to be paid 80% of their after-tax average wage if they cannot work.
How to make sure your claim is successful
For a successful claim, it is critical that you report any injury to your employer when it happens and seek appropriate medical care. Many of these cases are won and lost based upon the history that is given at the time of injury.
You should tell your doctor how you hurt yourself at your job and about any new symptoms from this injury and/or other injuries.
If you have questions, consult with one of our attorneys. You can receive free advice that could mean the difference between a lifetime of medical care and nothing.
How do employers and insurance companies handle workplace injury claims for spinal injuries?
Spinal cord back injury workers’ comp claims can be some of the most difficult cases in Michigan. It’s common for employers and insurance companies to avoid accepting responsibility for these types of injuries because of the potential for lifetime wage loss and medical treatment.
These injuries cause controversy because they are hard to diagnose and treat. It is often difficult to pinpoint the exact source of pain and can be even more difficult to prove that a workplace accident was the cause.
This is especially true if you have a preexisting condition. You may find yourself in court having to prove that you actually got hurt.
How do spinal injuries affect employees?
Spinal injuries can be devastating when they result in permanent restrictions and a loss of wage earning capacity. A person who has always done heavy lifting might now find themselves limited to a sit down job.
This transition can be nearly impossible without proper retraining and other vocational help. Some individuals never return to the workplace because of chronic pain. But don’t lose hope. There are other careers out there, and many ways that people with spinal cord injuries can recover and improve.
If I need surgery for my back injury at work, is that covered under workers’ comp in Michigan?
If you suffered a back injury at work in Michigan, surgery may also be required which should also be covered under workers’ comp. Recovery from surgery can take months or years. Common surgeries include laminectomy, discectomy and fusion. These surgeries can cost over $50,000 and require extensive follow-up care.
Even after a complete recovery from surgery, work restrictions may still be required.
What happens if I suffered a herniated disc on the job?
A diagnosis of a herniated disc is good evidence that you suffered a workplace injury. A herniated disc refers to a problem with one of the cushions between the vertebrae that makes up your spine. You can suffer a herniated disc from lifting heavy objects or from bending and twisting while lifting. A herniated disc is sometimes referred to as a disc protrusion, slipped disc or ruptured disc.
A herniated disc can also irritate nerves resulting in pain, numbness and weakness in the leg. This is called radiculopathy. It’s very important to see a doctor if you develop these symptoms.
My doctor says my injury isn’t related to my job, now what?
In Michigan, workers’ comp insurance company doctors will often tell you that your pain from your back injury at work is just “arthritis” or part of getting older. Many people have degenerative disc disease with little to no symptoms. You should always seek a second opinion from your own doctor who has your best interests at heart.
I’ve been sent to an IME, now what?
Employers and insurance companies often send people to their doctors for an “independent” medical examination (IME). The law requires that you attend this medical examination or forfeit your right to workplace injury benefits.
These “independent” insurance doctors are selected by your employer or an insurance company, and they will often say that you are not as injured as you claim, in order to save the employer/insurance company money.
It is possible that your workplace injury benefits will be disputed based upon this report. Make sure that you’re treating with your own doctor, who has your best interests in mind.
What is the average workers’ comp back injury settlement?
In Michigan, there isn’t a specified average workers’ comp back injury settlement amount. 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.
Need help with your claim or have questions about a settlement option? Call our attorneys now!
If you sufferd a back injury at work in Michigan and need help with your workers’ comp claim or have questions about a settlement option, call now (855) 221-2667 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 40 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.