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Michigan Workers Compensation Lawyers: Work Comp Claim Laws

Michigan Workers Compensation Job InjuryOur Michigan workers compensation lawyers help workers injured at the workplace and in the course of their employment.  Workers' compensation is the system created by Michigan statute to provide wage replacement, medical, and rehabilitation benefits to workers who suffer a work-related injury. Workers compensation claims are made against the employer, but it is typically an insurance company that pays the required benefits. 

What are the Common Causes of  Michigan Workplace Injuries?

There are many different causes of work-related injuries. Some of the more common types include: 

  • Falls to lower levels.
  • Slips and falls &  trips and falls
  • Falls of ladders & scaffolding
  • Overexertion due to lifting, lowering, filling & carrying items.
  • Repetitive motion injuries & trauma
  • Machine crushing or entanglement injuries.
  • Work-related motor vehicle accidents (trucks, forklifts, etc.)
  • Being struck by falling objects or debris
  • Accidents involving tools
  • Chemical exposure and inhalation
  • Exposure to toxic substances
  • Electrocution

What are the Most Common On the Job Injuries?

Worker's compensation claims can be filed for any type of work related injury or disease.  The most common injuries are:

  • Traumatic brain injury (TBI)
  • Broken bones & fractures
  • Spinal cord & back injuries
  • Neck injuries
  • Herniated discs and bulging discs
  • Shoulder & rotator cuff injuries
  • Arm & wrist injuries
  • Knee injuries
  • Electrocution & burn injuries
  • Toxic diseases, like mesothelioma and silicosis
  • Carpal Tunnel Syndrome
  • Post-traumatic stress disorder (PTSD)
  • Death

What Should I Do if I Am Injured on the Job in Michigan?

Whenever possible, report all work injuries to your employer as soon as possible so there is no question as to how the injury occurred.  It is not necessary to prove that the employer was negligent in order to receive your benefits, only that your injury was work related. This includes most accidents and injuries, including occupation diseases and environmental injuries. 

It is best to report an incident even if the extent of your injury is unknown.

What Types Of Benefits Are Available For A Work-Related Injury?

Workers compensation benefits include wage replacement, medical expenses, and rehabilitation benefits to workers.  In cases involving death, there are specific death benefits available to the surviving family members.

How Long Do I Have To Be Off Work To Receive Benefits?

You must wait a seven-day period to be eligible for wage-loss benefits after your injury.  If you are disabled from work after seven days, you are entitled to receive your benefits starting on the eighth day.  If you continue off work for fourteen days or more, you should receive your wages for the first seven day period.  

How Much Will I Be Paid For Lost Wages While I Am Off Work?

In most cases, wage loss benefits are calculated by taking the average of the highest 39 weeks of the last 52 weeks of gross wages prior to injury. This is your Average Weekly Wage (AWW). Generally, you should receive 80 percent of the after-tax value of your AWW. 

Who Pays The Medical Bills After A Work Injury In Michigan?

Medical benefits for reasonable and necessary medical treatment should be provided from the day of injury. During the first twenty-eight days of treatment, your employer has the right to choose the doctor. After that, you are free to choose your own doctor or clinic.  You must notify your employer and the insurance company of this change and it is best do this in writing.  The workers compensation insurance company must pay your doctors for work-related injury treatment.

Buckfire & Buckfire Best LawyersAm I Required To Pay Income Tax On My Workers Compensation Benefits?

Workers' compensation benefits are generally not subject to either state or federal income tax. If the insurance company pays you interest on past unpaid benefits, the interest payments may be subject to both state and federal income tax.

What Are My Legal Rights If My Employer Denies My Benefits?

Although the workers’ compensation system was designed to help the injured worker, the fact is that many employers and insurance companies dispute claims and refuse to pay benefits.  You may have had your benefits cut off by a company doctor or insurance medical examiner, even though you are still disabled and in need of treatment.  This can happen shortly after your injury or even many years later.

If your benefits are denied or terminated, you must file an Application for Mediation or Hearing with the Michigan Workers’ Compensation Agency.  This starts the legal process for your claim to unpaid benefits.  Your employer or the insurance company will likely dispute your claim, so it is important that you are represented by an experienced attorney.

Contact Our Michigan Workers Compensation Lawyers

If you suffered a work-related injury or have had your benefits unlawfully terminated, you should call our Michigan Workers’ Compensation lawyers today at (800) 606-1717 to discuss your case.  We will listen to your story and explain how we can help you win your case.

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About Buckfire & Buckfire, P.C.
Date published: 04/26/2016
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