10 Facts About Michigan Workers Compensation
January 21, 2020
If you are injured at work, you may be eligible for certain benefits such as medical expenses, vocational rehabilitation and lost wages. However, many people do not fully understand their rights under Michigan workers compensation laws. Here are 10 important facts about this important and complex program.
What is the Michigan Workers’ Disability Compensation Act?
The Michigan Workers’ Disability Compensation Act provides certain benefits to employees who are injured in the workplace. The act also covers employees who become ill because of a work-related situation.
What are the main benefits provided by Michigan workers compensation?
The main covered categories are medical care, lost wages and vocational rehabilitation services. In addition, if an employee dies as a result of a work-related injury or illness, their family members may be entitled to death benefits.
Injured workers may receive benefits for medical care that is considered “reasonable and necessary” to treat the work-related injury or illness.
Employees who can no longer perform their previous job duties may be entitled to certain vocational rehabilitation services. Some people might need retraining, job placement assistance or other services in order to return to the workforce.
Employees who lose income because of their work-related injury or illness usually receive compensation for lost wages. In addition, workers may receive partial wage loss benefits if they return to a job that pays less than their previous position.
Furthermore, workers who lose the use of a body part through amputation or injury may be eligible for specific loss benefits.
Do I have to prove my employer was at fault for my injury?
No. Workers’ compensation is not based on fault. If you are hurt at work, you are entitled to benefits without having to prove your employer was responsible for your injury.
Who pays for the benefits I receive?
Most Michigan employers are required to carry workers’ compensation insurance to cover employees who suffer work-related injuries and illnesses. Therefore, your employer or their insurance company pays your benefits.
Can I see my own doctor if I am injured at work?
Your employer has the right to designate a physician during the first 28 days after your injury. After that, you may see a doctor of your choice as long as you notify your employer.
What if I am injured on the way to or from work?
If you are hurt while traveling to or from work, your injuries will not be covered by workers’ compensation. However, if your job requires travel, and you are injured while traveling for work, you may be eligible for workers’ compensation benefits.
Can I receive compensation for pain and suffering if my employer was at fault for my injury?
Under Michigan workers’ compensation law, injured workers cannot sue employers for non-economic damages such as pain and suffering. However, if you were injured because of a defective product, you may have other legal options. A knowledgeable workers’ compensation lawyer can explain your rights and help you get what you deserve.
What should I do if I am injured on the job?
First, you should notify your employer as soon as possible. Then, contact an attorney who specializes in Michigan workers’ compensation claims. Most people who are represented by a qualified lawyer achieve better outcomes than those who handle their own claims.
What if my claim is denied?
Sometimes, applicants receive rejections for no discernible reason. If your claim is denied, you can appeal through the Michigan Workers Compensation Agency. However, this can be a lengthy and complex process, which may include mediation or even a trial. Therefore, your best course of action is to contact an experienced workers’ compensation lawyer to handle your appeal.
Are all employees covered under Michigan workers’ compensation laws?
Although most Michigan employees are entitled to workers’ compensation benefits, workers in the following categories are excluded:
- Federal government employees
- Certain agricultural workers
- Workers at businesses with no more than three employees
- Independent contractors
Michigan workers compensation law is complicated, but finding the right lawyer is simple.
Call 1-800-CALL-SAM today for a free, no-obligation consultation.