(888) 225-5726
Do You Have a Case?

Free.Simple.Quick.Takes less than 60 sec.

2. About Your Case
3. Last Step
Thank You. Submit and get our No Fee Guarantee® and the Bernstein Advantage® today.
* required

Workers’ Compensation

Workers’ Compensation Attorney in Michigan

Under the Michigan Workers’ Disability Compensation Act, almost all Michigan employers are required to carry workers’ compensation insurance to cover an employee who suffers an “injury arising out of and in the course of employment.”

A worker who is hurt on the job is entitled to benefits for wage loss, medical treatment, and rehabilitation services resulting from the injury.

Most Michigan workers are covered by Workers’ Compensation insurance.

Workers who are not covered by Michigan law include:

  • Federal employees, such as persons working for the U.S. Post Office, the Veterans Administration, or other federal government agencies. (These individuals may be covered by the Federal Employment Compensation Act (FECA))
  • Some agricultural workers
  • Employees of very small businesses, with no more than 3 employees
  • Independent contractors

If you are hurt at work, ask your employer if the company has a Workers’ Compensation insurance policy that covers your injuries.

If you or a loved one has suffered a workplace injury in Michigan, contact us immediately.

Submit a simple, free consultation form now to get started. We are ready to help.

Legal Resources

The following sections have more information on Workers’ Compensation:

  • Wage Loss Benefits

    Under Michigan law, workers’ compensation wage loss benefits are 80% of the after-tax value of your average weekly wage.

    There are complicated features that impact the calculation of wage loss benefits. When a worker’s weekly salary varies from week to week, wage loss benefits are based on the average of the 39 highest pay weeks in the last 52 weeks.

    If an injured worker returns to work part-time, or at a lower-paying job, that individual may still be eligible for partial wage loss benefits, to cover part of the difference between the amount he or she earned before and after the work-related injury.

    These formulas can be complex. Contact us if you have questions about whether you are getting the correct amount of wage loss benefits.

    Submit a simple, free consultation form now. We are ready to help.

     

  • Medical Bill Benefits

    Workers’ compensation pays for all medical care that is reasonable and necessary for treatment of a work-related injury for as long as the worker requires treatment. Thus, a worker with a serious or chronic injury may be eligible for these medical benefits for years, or even for the rest of his or her life.

    Disputes may arise about what is reasonable and necessary treatment. If this happens to you, contact us immediately.

    Submit a simple, free consultation form now. We are ready to help.

  • FAQ’s about Workers’ Compensation

    The injury that occurred was my employer’s fault. Can I sue my employer for my pain and suffering?

    Generally, Michigan law prohibits employees from suing their employers for damages beyond the economic benefits provided by workers’ compensation. However, you may be able to take legal action against the manufacturer of a defective product or against an individual (other than a co-worker) who caused the injury.

    I believe that my injury resulted from a violation of my civil rights. Can I sue my employer in this situation?

    Maybe. In the workers’ compensation law, there are exceptions to the general rule that prevent an individual from seeking non-economic damages from an employer. One exception is a civil rights violation; another is an injury that directly results from an intentional act by the employer.

    I was injured while on my way into work. Am I eligible for workers’ compensation benefits?

    Workers’ compensation usually does not apply to one who is traveling to and from the place of employment. However, once a worker is on the employer’s property, workers’ compensation insurance may cover an injury.

    It is important to note that employees who must travel to perform work assignments are covered by workers’ compensation benefits if they are hurt on the job. For example, a person who is injured after leaving the worksite to make a delivery or attend a meeting at another location may qualify for workers’ compensation because the trip was an essential part of his or her job assignment.

    On the other hand, workers’ compensation may not cover an injury if the employee was hurt while making a side-trip to handle purely personal business.

    My co-worker and I were goofing around when I was injured. Am I still entitled to make a claim for workers’ compensation benefits?

    Michigan courts traditionally recognize that employees may engage in a certain amount of “horseplay.” In most cases, this would still qualify an individual for workers’ compensation benefits. However, each case must be evaluated separately, based on the specific circumstances. A worker who engaged in serious willful or intentional misconduct may lose the right to workers compensation benefits.

    My employer offered me a different type of job, but I feel that it is beneath my previous pre-injury position. Do I have to accept the position?

    Michigan law requires injured employees to accept a position offered by their own employers (or other employment sources), if the new job is within their qualifications and training, and any medical restrictions. When the new job pays less than the previous position, the worker should receive partial wage loss benefits, to cover part of the difference between the individual’s previous and current earnings.

    A worker seriously risks any claim for continued workers’ compensation benefits by turning down the offer of a job that he or she is able to do. If you are not sure how to handle a job offer or your employer demands that you actively look for other work, consult an attorney immediately.

    What happens if I try to return to work in a job that is supposed to be within my medical restrictions, but cannot perform the job duties?

    Under the law, it should be possible for you to resume receiving benefits. However, your employer may challenge whether you made a real effort to return to work. If this happens to you and you truly are unable to work, you should talk with a workers’ compensation lawyer immediately.

    Can I choose my own doctor when I am getting treatment for my work-related injury?

    For the first 10 days after a work-related injury, the employer has the right to choose the treating doctor. However, after 10 days, the law allows you to select your own doctor and other medical care providers, as long as you select qualified medical professionals and notify your employer of your intentions.

    If you or a loved one have suffered a workplace injury, it is important to talk with an experienced attorney as soon as possible.

    Submit a simple, free consultation form now. We are ready to help.