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Michigan Workers' Compensation | The Sam Bernstein Law Firm

What You Need to Know About Michigan Workers’ Compensation

December 7, 2018

Being injured at work is a traumatic event, not only for the person who is hurt but for the entire family. In addition to dealing with painful medical issues that could involve surgery and/or rehabilitation, there is the added financial stress of lost wages and prohibitive medical bills. 

The Michigan Workers’ Disability Compensation Act exists to help workers who are hurt on the job. The act requires most employers to carry workers’ compensation insurance to cover employees who suffer an “injury arising out of and in the course of employment.” Compensation for disability or death that results from a work-related injury or disease is provided by the employer or their insurance carrier, regardless of who is at fault.

Below are the main areas that are covered:

Medical Care Benefits

Workers’ compensation pays for medical care that is “reasonable and necessary” for treatment of a work-related injury or disease for as long as treatment is necessary. Covered services include medical and surgical care, hospital services and medications. Attendant care and dental care, as well as items such as crutches and artificial appliances as limbs, eyes, teeth, eyeglasses and hearing aids, may also be covered.

Lost Wages

Typically, injured workers receive 80% of the after-tax value of their average weekly wage. Other formulas are used for employees whose salary varies from week to week or for those who must take a lower paying job or return to work on a part-time basis because of their injury.

Vocational Rehabilitation Benefits

Vocational rehabilitation is provided for employees who are no longer able to perform work for which they have previous training or experience. Covered services can include retraining, job placement assistance or other services necessary for the person to return to work.

Prompt Payment of Benefits

The law requires prompt payment of covered benefits, meaning the first payment is due on the 14 days after the employer has notice or knowledge of a disability or death. All accrued compensation should be paid weekly. While prompt payment is encouraged, a benefit check is not considered late until 30 days after the due date.

Other Michigan Workers’ Compensation Rules

Coordination of Benefits:  For workers eligible for or receiving old-age Social Security, pension or retirement benefits or other benefits paid by the employer, benefits will be coordinated, which could result in a reduced amount.

More than one employer:  Employees who work for more than one employer will be credited for all wages earned in all jobs covered under the Workers’ Disability Compensation Act.

Who Is Not Covered Under Michigan Workers’ Compensation?

While most employees are covered by Michigan workers’ compensation insurance, there are some exceptions. The following workers are not covered under Michigan law:

  • Federal government employees, including those who work for government entities such as the U.S. Post Office or Veterans Administration. These individuals may be covered by the Federal Employment Compensation Act (FECA).
  • Certain agricultural workers
  • Workers at businesses with no more than three employees
  • Independent contractors

“Being injured on the job is distressing enough; you should not have the added burden of worrying about your bills while you are recovering,” says Mark Bernstein of The Sam Bernstein Law Firm. “If you or a loved one has been injured at work, we can help to make sure you and your family receive the compensation you are entitled to under the law.”

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.

Sources: 

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