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workers' comp claim in Michigan

How to File a Workers’ Comp Claim in Michigan

March 4, 2019

Is your condition work-related? We have all seen this question on the routine forms we complete when visiting the doctor. Usually, we don’t give it much thought. However, for those who were hurt on the job, the question takes on new importance. Here is what you need to know about how to file a workers’ comp claim in Michigan.

What Is Workers’ Compensation?

The Michigan Workers’ Disability Compensation Act is designed to compensate employees who are injured in the workplace. It also applies to those who become ill because of a work-related situation. In Michigan, injured workers do not have to prove the employer was at fault in order to receive benefits. Compensation for expenses related to work-related injuries and illnesses are provided by the employer or their insurance company.

What Benefits Will I Receive When I File a Workers’ Comp Claim in Michigan?

When you file a workers’ comp claim in Michigan, you may be eligible for several kinds of benefits. Here are the main categories:

  • Wage Loss

If your income was reduced because of the work-related injury or illness, you may be eligible for wage loss benefits. The amount of compensation is determined by an intricate formula that considers many factors. These include previous income and current “wage earning capacity.”

  • Medical Care

You may receive benefits for medical care that is considered “reasonable and necessary” to treat the work-related injury or illness. These costs are usually covered as long as the care is needed.

  • Vocational Rehabilitation

If you can no longer perform your previous job duties, you may be eligible for certain vocational rehabilitation services. These may include retraining, job placement assistance or other services designed to facilitate a return to the workforce.

  • Death Benefits

If an employee dies as a result of a work-related injury or illness, the family members may receive death benefits. Usually, the survivors are entitled to 500 weeks of compensation. However, the benefit period may be extended when there are dependent children.

  • Specific Loss Benefits

Workers who have lost the use of a body part through amputation or injury may be eligible for these benefits.

How a Lawyer Can Help You File a Workers’ Comp Claim in Michigan

Here are some of the pitfalls an experienced attorney will help you avoid when you file a workers’ comp claim in Michigan:

  • Wage loss benefits are often paid incorrectly.

The employer or insurance company may not include overtime, bonuses or health insurance coverage. In addition, your “wage earning capacity” may be overestimated, resulting in lower benefits. 

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

After initial treatment by an employer-referred doctor, patients often want their regular physician to provide subsequent care. An employer or insurance company may try to prevent this.

  • Your employer and their insurance company may not inform you about all the available workers’ comp benefits. 

For example, you may be eligible for assistance with daily living skills such as bathing and dressing. There are also certain supplemental benefits available to low-income workers.

  • Many workers’ comp claims are disputed or denied.

When a knowledgeable lawyer files the initial claim, this is less likely to occur. However, if your claim is denied, your appeal will be more successful when handled by a skilled attorney. 

“Before you file a workers’ comp claim in Michigan, call us,” advises Mark Bernstein of The Sam Bernstein Law Firm. “The rules and regulations surrounding workers’ compensation are complex, and the insurance companies are not always on your side. Our knowledgeable attorneys understand the workers’ comp system inside and out. We’ll fight for you to receive the benefits you deserve.”

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.

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