Common Mistakes That Can Affect Your Back Injury Settlement

If you injured your back on the job, you may be thinking of filing a workers’ compensation claim. If so, you want to make sure you receive all of the benefits you are entitled to under Michigan law. However, despite their best intentions, some plaintiffs make mistakes that have a negative impact on their workers’ comp settlements. Here’s a guide to help you win the compensation you deserve for your back injury settlement.

What mistakes could affect my back injury settlement?

• You may miss an important filing deadline and lose your chance for compensation.

Workers have 90 days to report a work-related injury or illness to their employer and two years to file a claim for benefits.

• You may not realize it if your employer or insurance company miscalculates your wage loss benefits. 

Your employer may exclude such benefits as overtime, bonuses or health insurance coverage. In addition, your employer or their insurer may overestimate your post-injury “wage earning capacity,” resulting in lower benefits. 

• You might be coerced into seeing doctors and medical care providers who don’t have your best interests at heart.

Employers can require workers to see a specific doctor during the first 28 days following the injury. However, after that period, a patient may seek care from their regular physician providing they inform the employer. Some employers or insurance companies may try to prevent the worker from exercising this choice.

• You may be eligible for workers’ compensation benefits you are not aware of.

Employers and insurance companies may not inform injured workers about all of the available benefits. Examples are assistance with daily living skills or certain supplemental benefits for low-income workers.

• Your claim may be disputed or denied by your employer or their insurance company.

Without the help of an experienced back injury attorney, most claimants are not able to navigate the complicated appeals process.

Do I have to prove my employer was at fault for my back 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.

What is workers’ compensation?

The Michigan Workers’ Compensation program is designed to provide financial benefits for employees who are injured at work. These benefits are provided according to the rules and regulations in the Michigan Workers’ Disability Compensation Act. In addition to injured workers, this act covers employees who become ill because of a work-related situation.

What are the main benefits provided by Michigan workers’ compensation?

The main benefit categories covered by workers’ compensation are:

• Medical care that is considered “reasonable and necessary”
• Lost wages, including partial compensation for employees who must return to lower-paying jobs
• Vocational rehabilitation services, including retraining and job placement services
• Death benefits for survivors of employees who died as a result of a work-related injury or illness
• Specific loss benefits for workers who lose or can no longer use a body part due to their illness or injury

How can a back injury attorney help maximize my back injury settlement?

If you were injured at work, you should consult a qualified workers’ comp lawyer as soon as possible. A knowledgeable back injury attorney will help you avoid the above mistakes and receive the compensation you and your family deserve.

Workers’ compensation law is complicated, but finding the right attorney is simple.

Call 1-800-CALL-SAM today for a free no-obligation consultation from the safety of your home.

Sources:

https://www.michigan.gov/documents/cis_bwuc_over698_30939_7.pdf

https://www.michigan.gov/leo/0,5863,7-336-78421_95508—,00.html

https://www.michigan.gov/documents/wca/wca_WC-PUB-001_306927_7.pdf

https://www.nolo.com/legal-encyclopedia/how-much-are-workers-compensation-benefits-in-michigan.html