It’s best to hire a workers’ comp lawyer as soon as possible after a workplace injury, to protect yourself and your right to work comp benefits
You should hire a workers’ comp lawyer immediately following a workplace injury, to avoid critical problems that usually arise within the first few weeks. Below are some frequently asked questions on getting help after suffering an injury on the job.
To speak with an attorney now, call us at (844) 345-0952. There’s no fee or obligation, and we’re here to answer all of your legal questions.
When should I hire a workers comp lawyer?
In Michigan, the “rule of thumb” on when you should hire a workers’ comp lawyer is immediately following a workplace injury. The first few weeks can be critical to avoiding problems. An experienced attorney can help you through the claims process and maximize the amount of compensation awarded for your injuries.
Do I need to hire a lawyer for workers’ comp?
You aren’t required to hire a workers’ comp lawyer after a workplace injury; it is in your best interest to do so because they can ensure your injury and medical treatment are documented correctly. This information is critical for a successful claim as pre existing conditions can complicate things.
The medical history must demonstrate that you had an injury at work and that your symptoms are preventing you from working. Many work compensation cases are lost and won based upon this information. This is especially true if you had a preexisting condition that was made worse.
They can help you through the whole claims process ensuring all documents needed in the case are collected and filed, prepare you and the case for hearings and ensure you get the maximum amount of benefits or settlement awarded to you.
Here’s more information on what an experienced work comp attorney can do for you.
When do I have to notify my employer of my workplace injury?
You must provide notice to your employer of your injury within 90 days. You have two years to make a claim for workers’ compensation benefits. If you do not provide proper notice and claim, you could be forever barred from collecting work compensation benefits.
Many individuals suffer injuries that end up lingering. Some do not even stop working for months. This will not matter if you provided proper notice and claim.
Should I hire a workers’ comp lawyer if my benefits stopped?
You should hire a workers’ comp lawyer if your benefits stop as they can review your claim and advise you on any issues. You don’t have to wait for your benefits to stop before you seek help. A good attorney can assist you with minor issues before they become major problems. All advice is confidential and your employer does not even need to know.
You can also lose out on substantial work compensation benefits if you do not file a case within one or two years. If you were paid compensation in the past, you can collect benefits going back one year from the time you filed. If you were never paid any work compensation benefits, you can go back two years.
You can always claim future work compensation benefits.
How much does it cost to hire a workers’ comp lawyer?
If benefits are disputed, the cost of hiring a workers’ comp lawyer is 20% of the first $100,000 and 15% on what’s left of any settlement. If benefits are currently being paid, the attorney fees are only 15% of the settlement.
If benefits are disputed and then later paid voluntarily, the attorney fees are 30% of what is obtained. The attorney fees will also be 30% of past-due benefits if the case is successful at trial. It is possible to win attorney fees for medical bills under specific circumstances.
Can an attorney help me if my employer or co-workers are being dishonest?
Yes. Many people put their workers’ compensation benefits at risk by unintentionally doing the wrong thing. For instance, we see employers who will tell you to remove your work restrictions and then fire you a few weeks later.
We also see individuals who are shocked to learn that their co-workers will lie to protect their own interests.
You should not involve co-workers in your workers’ compensation claim or ask that your doctor remove restrictions just because your employer told you to come back to work.
A work comp attorney can guide you through scenarios like this and help you avoid mistakes that can ruin your workers’ compensation lawsuit.
Can an attorney help me obtain benefits?
Yes. Many employers and insurance companies will ignore the facts surrounding an injury and dispute workers compensation benefits for no good reason. You should definitely contact an experienced work comp attorney, who can fight for your benefits, if this occurs.
Unfortunately, the law is stacked against you and you cannot win on your own. You cannot simply tell the magistrate about your injury and expect to win. If you hire a workers’ comp lawyer they can present deposition testimony from your doctor and from a vocational expert.
Some employers and insurance companies will agree to pay work comp benefits on a limited basis. This is not correct, because the law requires payment of all medical care and wage loss if you cannot work.
Disputes often arise as to what is reasonable and necessary medical treatment. You may also find your wage loss stopped because your employer, the insurance company or the “independent medical examiner” say you can work.
Recent changes to the workers compensation law allow an insurance company to reduce benefits if you are found to be only partially disabled. This will be based upon your post-injury wage earning capacity. An experienced work comp attorney can show you how to protect your benefits through a job search and prove that no work is reasonably available.
Can an attorney help if my employer is discriminating against me?
Yes. Michigan law also makes it illegal for an employer to discriminate against you for seeking workers’ compensation benefits. You cannot be discharged, suspended, disciplined, demoted, or retaliated against just for exercising your legal rights under workers compensation.
This would be sufficient for a separate lawsuit against your employer. It is important to speak with an experienced work comp attorney to make sure that all of your legal rights are explored.
Have questions about hiring a workers comp lawyer?
If you are injured on the job and are wondering if you should hire a workers’ comp lawyer, call now at (844) 345-0952 or fill out our free consultation form to speak with an experienced attorney. 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, even if you’re receiving work comp benefits, it’s a good idea to consult with an attorney, to make sure that you’re receiving the maximum benefits available under the law. Also, 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.