You Focus on Recovery,
We’ll Focus on the Fight
We’ll Focus on the Fight
Farmington Hills Workers’ Compensation Lawyer
Loading docks are high-risk zones where one small mistake can lead to life-altering trauma. Whether it was a forklift tip-over, a trailer that pulled away too early, or a failure in dock safety equipment, Neil Davis understands the mechanics of these accidents. While Workers’ Comp is a “no-fault” system, the insurance company will often investigate if you were “violating safety rules” to try and reduce your claim. We protect your rights by proving the accident was a result of workplace hazards, not your own negligence.
Protecting Your Income and Your Health After an On-the-job Injury
If you’ve been injured at work, you are likely facing two major stressors: a physical injury that prevents you from working and a complicated legal system that seems designed to deny your benefits. In Michigan, workers’ compensation is meant to provide a safety net, but insurance companies often use aggressive tactics to minimize what they owe you.
At Davis Law Center, we believe that if you were injured while helping your employer succeed, you shouldn’t have to fight just to get your medical bills paid. For over 30 years, Neil Davis has stood up for injured workers in Farmington Hills and across Metro Detroit, ensuring they receive the full wage loss and medical benefits they are entitled to under the law.
Speak Directly with Neil Davis (248) 865-7740
Understanding Your Rights Under Michigan Workers’ Comp
Types of Workers’ Compensation Benefits
Under the Michigan Worker’s Disability Compensation Act, most employees are covered from their very first day on the job. If your injury “arose out of and in the course of employment,” you are generally entitled to:
- Medical Benefits: These benefits start from the date of the injury. While your employer gets to pick your doctor for the first 28 days of treatment, you can pick your doctor after that upon notifying your employer.
- Wage Loss: Wage loss is paid at the rate of 80% of the after-tax value of your average weekly wage. Eligibility occurs after 7 consecutive missed workdays. If you remain off work for fourteen (14) days or longer, you are then entitled to payment for that 1st week of benefits.
- Vocational Rehabilitation Services: Vocational rehabilitation consists of services designed to get you back to work following an injury. These can include things such as simple job modifications at your present employment to re-training or even long-term re-education to allow you to find a job with another employer.
- Specific Loss Benefits: Fixed payments for the loss of a specific body part or permanent disability.
The Challenge: “Wage Earning Capacity”
In recent years, Michigan law has made it harder for workers to continue receiving wage loss benefits. Insurance companies now use “vocational experts” to claim you have a residual wage-earning capacity (essentially arguing that even if you can’t do your old job, you could do a different, lighter job, and therefore your benefits should be reduced).
How Neil Davis Protects You: We don’t let insurance companies decide what you are capable of. We work with your doctors and independent vocational specialists to prove the true extent of your disability. We ensure the “heavy lifting” of the legal battle is handled so you aren’t forced back into a position that could worsen your injury.
Common Workplace Injuries We Handle
Whether you work in a warehouse, an office, a construction site, or a hospital, we represent workers facing:
- Back and Spinal Cord Injuries: Including those from heavy lifting.
- Repetitive Stress Injuries: Such as carpal tunnel syndrome from years of repetitive motion.
- Catastrophic Falls: Injuries from ladders, scaffolding, or slippery surfaces.
- Construction Site Accidents: Involving heavy machinery or falling objects.
- Occupational Diseases: Illnesses caused by exposure to toxic chemicals or environments.
The Legal Process
Once your employer disputes a claim or fails to pay the required benefits, the Davis Law Center will file a petition to be heard by a magistrate at the Workers’ Compensation Bureau. After obtaining all the client’s medical records, taking medical depositions, etc., your claim will either result in a settlement (Redemption) or a trial.
- Redemption Settlement: A redemption settlement is an amount agreed upon by the employer (or employer’s insurance) and the injured worker that is intended to be a complete resolution of workers’ compensation benefits now and in the future.
- Trial: A trial will occur if no settlement can be reached. During the trial, the Magistrate will hear testimony and ultimately determine if the injury was work-related, if the client is entitled to benefits, how long he or she is entitled to benefits, and the amount of benefits that should be paid to the injured worker.
Michigan Workers’ Compensation FAQs
How long do I have to report a work injury in Michigan?
In Michigan, you must notify your employer of your injury within 90 days. However, it is always best to report it in writing immediately. Delaying your report is the #1 reason insurance companies use to deny otherwise valid claims. After notifying them, you generally have up to two years to file a formal claim for benefits.
Can I choose my own doctor?
Under Michigan law, your employer or their insurance company has the right to choose your doctor for the first 28 days of treatment. After this 28-day period, you have the legal right to switch to a physician of your own choosing, provided you notify your employer and the insurance carrier in writing.
How much will I receive in wage loss benefits?
Generally, workers’ compensation pays 80% of your after-tax average weekly wage. This is calculated based on the highest 39 weeks of your gross wages from the year prior to your injury. These benefits are usually tax-free.
What if I had a pre-existing condition (like arthritis)?
Insurance companies often try to deny claims by saying your injury is just “part of the aging process.” However, if your work duties significantly aggravated or accelerated that condition—causing a “pathologically distinguishable” change—you are still entitled to benefits. Neil Davis specializes in proving these complex medical links.
Can my benefits be stopped if I am fired?
Michigan law allows insurance companies to attempt to stop benefits if a worker is terminated “for fault.” This makes it more important than ever to have an attorney protecting your interests, as employers may look for minor policy violations to justify a termination and cut off your disability payments.
What is an “Independent Medical Exam” (IME)?
Don’t let the name fool you—an IME doctor is hired and paid for by the insurance company. That is why we refer to them as “Insurance Medical Exams.” Their goal is often to find a reason to say you are “ready to return to work” or that your injury isn’t work-related. If you are scheduled for an IME, contact Davis Law Center immediately so we can prepare you for the exam.
Do I have to look for other work while on disability?
Yes. Michigan law creates an “affirmative duty” to seek work that is within your physical restrictions. If the insurance company claims you have a “wage-earning capacity” (that you could be doing a lighter job), they may try to reduce your checks. We help you document your job search and challenge unfair vocational assessments.
Call Neil Davis Directly at (248) 865-7740
Davis Law Center: your trusted partner for workers’ compensation cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, and all of Michigan.
Our Location
We are located in Farmington Hills, Michigan and serve clients throughout the metropolitan Detroit area, including Wayne, Oakland, Macomb, Livingston, Genesee and Washtenaw counties.
Get in Touch
Fill out the contact form or call us at (248) 865-7740 to schedule your free consultation.
