With very few exceptions, any worker injured on the job in Michigan will be covered under workers’ compensation. Workers’ Compensation is designed to protect employers from being sued and provide prompt monetary benefits to the worker who has been injured on the job. Survivors of those who died on the job may also file for benefits.
Types of Workers’ Compensation Benefits
Workers’ Compensation benefits include:
- 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 your after-tax value of your average weekly wage. Eligibility occurs after 7 consecutive missed days of work. 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.
Reporting an Injury
If you get hurt at work, it’s crucial to report the injury to your employer immediately. This will avoid hassles down the road, such as your employer attempting to argue your injury must have occurred somewhere else since you did not report it.
Disputed Claims and Legal Assistance
While the majority of workers’ claims for benefits are undisputed, each year almost 20,000 workers in Michigan have their claims denied by their employer or their employer’s insurance carriers. The Davis Law Center can help you in the fight for benefits against your employer and/or its insurance company.
The Legal Process
Once the 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 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.
The Importance of a Workers’ Compensation Experienced Attorney
Workers’ Compensation can be a very arduous process and requires an experienced, thorough attorney. If Michigan Worker’s Compensation rules are not followed to the letter, it can result in an application being denied and benefits delayed. These much-needed benefits can help a person support their family even if they are unable to work, so any delay can be devastating. By contacting a skilled workers’ compensation attorney, you can ensure that you obtain these benefits as soon as possible, helping you to pay for necessities as you work to get better and get back to your job.
Contact The Davis Law Center for Legal Support
If you are a worker who has been injured on the job or have lost a family member to an on-the-job accident, please call us today. We can evaluate your case and act as your representative to the insurance companies and legal community. We will prepare a case that clearly defines your right to receive benefits.
For a more detailed summary of your rights, click here.
Davis Law Center: your trusted partner for workers’ compensation cases. Serving Detroit, Farmington Hills, Southfield, Macon County, and all of Michigan.