FAQs about Michigan neck injury workers’ comp claims and settlements
Work comp in Michigan is designed to provide lost wages and medical treatment for at-work injuries. But in Michigan, neck injury workers’ comp claims and settlements are commonly disputed by employers and insurance companies. Below is information about the workers compensation neck injury claim — and your rights.
For help now, call one of our workmans comp attorneys at (855) 221-2667, or fill out our free consultation form.
Does workers’ comp cover a neck injury?
In Michigan, workers’ comp does cover medical treatment, lost wages and vocational rehabilitation for a neck injury in which compensation can come in the form of weekly checks or a lump sum settlement option. 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.
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.
Responsibility for payment of workers’ comp benefits falls to the last employer who exposed an employee to the work conditions that caused the occupational disease. This means an employee who has only worked for a short period of time for an employer can win a claim for this condition in Michigan.
How will workers comp handle my neck injury?
In Michigan, injuries to the neck, (technically called the cervical spine) also cause controversy and workers’ comp claims and settlements are frequently disputed by employers and insurance companies, who do not want to accept responsibility and pay lifetime wage loss and medical treatment. Many times, it will not even matter what your own doctor says.
When a person suffers a neck injury at work it can be the end of his or her career. This is common in jobs that require frequent reaching, pulling, turning and bending. This could mean a substantial loss of lifetime earnings. It can be devastating for a family to lose their primary source of income. Workers compensation should pay wage loss benefits if you are disabled and cannot work.
A neck injury may also prevent any type of employment. A person may find themselves spending the entire day just trying to manage their pain symptoms. Neck surgery could also result in permanent restrictions and extensive follow-up care.
Why does workers’ comp dispute neck injuries?
An injury to the neck could be controversial because it is difficult to pinpoint the exact cause of pain and to prove that it is work-related. This is especially true if you have a diagnosis of degenerative disc disease or some other preexisting condition.
What should I do if I think I have a neck injury?
It is very important that you report any work injury to your employer when it happens. Ask to fill out an accident report and to see a doctor.
When you see your doctor, explain any new symptoms. Here’s more information on what to do if you’ve been injured on the job.
What can prove my neck injury?
A diagnosis of a herniated or ruptured disc is important evidence of injury. Disc injury occurs when some of the material between the vertebrae is damaged and pushed out.
You may find yourself with an injury to the nerve that causes severe pain and numbness down your arms. This is known as a pinched nerve, slipped disc, or radiculopathy.
You also could have spondylolisthesis, which is a slippage of your vertebrae that can be caused from trauma.
Even if you have a preexisting condition, if the medical history shows that you have an injury and new symptoms, you can receive workers compensation benefits. You must show that the work injury changed the underlying pathology in a significant manner. Inflammation may be enough to win your case. Talk to your doctor about whether or not your condition is work-related.
I’ve been sent to an IME, now what?
Employers and insurance companies regularly send people to their doctors for an “independent” medical examination (IME). This is a second opinion exam required by your insurance company or employer by an “independent” doctor.
These “independent” insurance doctors are selected by your employer or a workers compensation insurance company, and they are often paid a lot of money to find “nothing wrong” with seriously injured workers.
It is possible that your work comp benefits will be disputed based upon this report. You should always make sure that you’re treating with your own doctor who has your best interests in mind.
What is the average workers comp neck injury settlement?
In Michigan, there isn’t a specified average workers’ comp settlement amount for a neck injury. Statistics published by the Workers’ Disability Compensation Agency show the average payout amount for a work-related injury in Michigan was $62,315.56 in 2022. Many people receive more than average when evidence shows permanent restrictions and lifetime medical needs. Watch out for lowball offers for on-the-job injuries.
Our experience shows the best way to get a fair workers’ comp settlement for a neck injury is through preparation. Find a doctor who will listen to complaints and ask if they support your job-related injury claim. Individuals receiving job injury benefits have the right to select their own doctor after 28 days from the start of medical care. Make sure work restrictions and medical care are determined by your doctor not the insurance company. Hire an experienced attorney to fight and get the most money possible.
Suffered a neck injury at work in Michigan and need help with your workers’ comp claim or have questions about a settlement option? Call our attorneys now for a free consultation!
If you suffered a neck injury at work in Michigan and you need help with your workers’ comp claim or have questions about settlement options, call now (855) 221-2667 to speak with an experienced Michigan workers’ comp attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from work-related injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
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.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.