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Michigan Wage Loss Benefits After A Car Accident

Michigan Wage Loss No-Fault Lawsuit LawyersMichigan wage loss benefits are for your loss of income due to the injuries you suffered in a Michigan car accident, pedestrian accident, bicycle accident, truck accident, or motorcycle accident. Under Michigan law, the injured person is entitled for wage loss benefits during the period of disability.  These benefits are payable up to three years after the accident if supported by a physician.

What is Considered to be Disabled after a Michigan Auto Accident?

A physician must establish that the accident victim is unable to return to work or disabled from work due to accident related injuries..  The cotor should indicate if the person is permanently disabled from wor or temporarily disabled.  If the victim is expected to return to work, the docto should provide an estimated date for the return to work, but this can change throughout the recovery process. 

Can a Doctor Return an Accident Victim to Work With Restrictions?

Yes, an accident victim can be returned to work with physician imposed restrictions.  Comon restrictions include?

  • Sit-down job duties only
  • Limited sitting
  • Standing restrictions
  • Limited standing
  • Walking restrictions
  • Single hand or arm jobs
  • Weight lifting restrictions
  • Pushing, pulling, bending and lifting restrictions
  • Overhead restrictions
  • Time restrictions

If your doctor returns you to work with restrictions but your employer cannot accommodate those restrictions, then you will still receive wage loss benefits until you can either reutrn to work without restrictions or when your employer can find you a job that you can do with the restrictions.

Michigan No-Fault Wage Loss Benefit Payments After an Auto Accident

If you are disabled and unable to work because you were injured in a motor vehicle accident, you are entitled to receive 85% of your gross pay, including overtime, or loss of income for the first three years following the accident.  If you are self-employed on the date of the accident you are still entitled to wage loss and income benefit payments.  You can also receive lost wage payments if you were actively looking for a job at the time of the accident even if you were not yet employed.

If you lose your job due to injuries from the accident, the insurance company is required to pay your wage loss benefits even if you are no longer disabled, just as long as you are trying to find new work after your disability has ended.

Michigan wage loss benefits are paid under the provisions of the Michigan No-Fault insurance law by the auto insurance company responsible for paying benefits. These benefits are available to most people injured in auto accidents, even if they did not have an auto insurance policy at the time of the accident. Passengers of buses and other commuter vehicles are also eligible for these benefits.

How do I Submit a Michigan Wage Loss Benefit Claim?

Your Michigan wage loss and income benefit claim must be submitted to the insurance adjuster assigned to your claim. To file your no-fault wage loss claim, you need a note from your doctor (usually an Attending Physician's Report) that disables you from working. The doctor should indicate the period that you are unable to work. 

You also need a wage verification form from your employer to submit to the insurance adjuster. The insurance company may request copies of pay stubs and tax returns to verify your employment at the time of the accident.  I

f you were not employed but actively looking for a job, you can submit copies of recent job applications to prove you were seeking employment.  The insurance company may send to the business that you submitted an application as proof of your claim that you were in the process of finding a job.  You do not have to prove that you would have been hired for the job, only that you were actively seeking employment.

What if I am Receiving Other Disability Benefits?

If you are receiving social security disability benefits, or disability benefits under another policy, the auto insurance company may be able to "set off" the amount it owes to you by reducing the amount you are receiving from the other source from its payment to you.  This depends on the type of benefits being paid and the language of your specific auto insurance policy.  If you receive social security benefits after the accident, you may be required to pay back the auto insurance company some of the wage loss benefits previously paid to you.  You should consult with our attorneys if this becomes a concern.

Time Limit To File Your Michigan Wage Loss Claim

It is smart to submit your claim for lost wages every thirty days in order to receive regular payments. You can submit claims dating back one year fro mthe date of the submission and receive lost wages for that twelve month period.  If the insurance company fails to pay your lost wages, denies your claim, or terminates your benefits, you must file a lawsuit within one year of the refusal to pay the wage claim.  Otherwise, you may lose the opportunity to collect those benefits.

What To Do If Your Wage Loss Claim is Denied 

If your insurance company refuses to pay your wage loss benefits, your only recourse is to file a lawsuit against the insurance company.  You must file a lawsuit within one year of the date on which the last unpaid No-Fault benefit was incurred or your claim will be limited. If you fail to file your lawsuit within this one year period, you will lose the right to have the benefit or expense paid.

Contact a Michigan Wage Loss Claim Lawyer

For more information about your rights regarding Michigan No-Fault wage and income loss benefits call us now at (800) 606-1717 to speak with one of our Michigan No-Fault insurance lawyers.  You can also complete and submit the Get Help Now box on this page we will be in touch with you shortly. We will represent you under our No Fee Promise, which means it will cost you absolutely nothing to get started on your case. We will listen to your story and advise you of your best course of action to recover compensation 

Lawrence J. Buckfire
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Best Michigan personal injury lawyer winning highest settlements for injury, malpractice, & accident victims.