We Fight To Win Benefits For You

Our firm has more than 30 years of experience. If you or a loved one has been injured on the job, our workers’ comp attorneys can help you get the benefits you need and deserve.

We have provided FAQs below. These FAQs and accompanying answers are only intended to provide general guidance. Every situation is different, laws change, and courts sometimes change their interpretations of the law. That is why people injured on the job are encouraged to consult an attorney for specific advice.

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FAQ

What injuries are covered by workers’ comp?

If you are injured on the job, then the employer must treat your condition and provide for the necessary lost wages. All physical injuries are covered under workers’ compensation, including neurological and/or cardiac conditions, assuming the necessary proof can be obtained/provided. If you are involved in an exposure-type injury, those are also compensable injuries but are often denied by the insurance companies and require the injured worker to fight for their owed benefits. Repetitive trauma-type injuries are also compensable but, again, are often denied by insurance companies, so the injured worker should obtain representation to fight for the treatment that is needed.

Depending on your line of work, psychiatric injuries can also be compensable. However, if you have a mental or nervous injury that is related to a physical trauma that occurred while working, then the psychiatric component should be treated under workers’ compensation as well.

How long do I have to report the accident to my employer?

Promptly notify your supervisor of the accident, as any delay in reporting your injury can adversely impact your case. Failing to report your claim within a specified timeframe may result in a denial. However, if you have not reported your claim in a timely manner, our law firm can still help. Contact one of our lawyers immediately to discuss your situation and explore available options.

What are additional workers’ compensation benefits, and how do I obtain them?

In Michigan, in addition to basic workers’ compensation benefits such as medical treatment coverage and wage loss benefits, there are additional benefits that injured workers may be entitled to. Some of these additional benefits include:

Vocational Rehabilitation:

If your work-related injury prevents you from returning to your previous job, you may be eligible for vocational rehabilitation services. This can include job retraining, counseling, and assistance in finding suitable employment.

Mileage Reimbursement:

You may be entitled to reimbursement for mileage expenses related to traveling for medical treatment or vocational rehabilitation appointments. Keep track of your mileage and submit the necessary documentation to claim this benefit.

Attendant Care Benefits:

If your injury requires assistance with daily living activities, you may be eligible for attendant care benefits. This can include compensation for someone providing necessary care and support.

Specific Loss Benefits:

In cases of permanent impairment or loss of use of a body part, you may be entitled to specific loss benefits. The specific amount depends on the type and severity of the loss.

To obtain these additional workers’ compensation benefits in Michigan, consider the following steps:

Consult with an Attorney:

Seek the advice of an experienced workers’ compensation attorney who can assess your case and determine the additional benefits you may be entitled to.

Notify Your Employer:

Report your injury promptly to your employer and ensure all necessary documentation is provided. This includes details about the additional benefits you are seeking.

File a Claim with the Michigan Workers’ Compensation Agency (WCA):

Submit the required forms to the WCA, specifying the additional benefits you are claiming. Consult with your attorney to ensure accurate and complete documentation.

Negotiate with the Insurance Carrier:

Work with your attorney to negotiate with the workers’ compensation insurance carrier for the additional benefits you are seeking. This may involve discussions, hearings, or other legal proceedings.

It’s crucial to have legal representation to navigate the complexities of workers’ compensation laws and maximize the benefits you are entitled to. Consult with a qualified attorney to guide you through the process and advocate for your rights.

Is a workers’ comp claim covered for life?

It can be. Workers’ compensation should provide the necessary care and treatment if your injury or condition is related to a work accident. However, insurance companies will constantly try to limit your benefits, so obtaining representation to protect your interests is important. Benefits will also stop if you decide to settle your workers’ compensation case.

Should I use workers’ compensation or my own insurance?

Legally, you are supposed to use workers’ compensation when the injury occurred at work. There are very few exceptions to this general rule. Using worker’s compensation means you are entitled to lost wages in addition to your medical care, but you must be proactive and fight for what you are owed from the employer and their insurance carrier, as they may not provide what the statute legally requires of them for work-related injuries.

What are Social Security disability benefits, and how do I claim them?

In many circumstances, employers and insurance carriers do not tell the injured worker that he or she should also file for social security disability in addition to workers’ compensation. Because a Social Security disability claim can take a while to resolve, it’s imperative that you know whether you should or should not file this claim. We have an attorney on staff who can pursue the claim for you when appropriate.

Can I select my own doctor?

Workers’ compensation laws provide certain guidelines regarding selecting medical providers for treatment related to a work-related injury. The key points regarding choosing your own doctor in Michigan’s workers’ compensation system include:

Initial Treatment:

In the event of a work-related injury, an employer or its workers’ compensation insurance carrier generally has the right to choose the initial treating physician or medical facility for the injured worker.

Employee’s Right to Change Doctors:

Michigan law recognizes the injured employee’s right to request a change of treating physician after 28 days from the first medical treatment. This means that, after the initial 28-day period, you may be able to choose a different doctor for ongoing treatment.

Specialist Referrals:

If specialized medical treatment or consultations are necessary, the treating physician may refer you to a specialist. In such cases, the specialist may become the authorized treating physician for the specific condition.

Notification Requirement:

You must provide written notice to your employer and the workers’ compensation insurance carrier to change your treating physician. It’s important to follow the proper notification process outlined in Michigan law.

Emergency Situations:

In emergencies requiring immediate medical attention, an injured worker may seek treatment from the nearest medical provider.

Understanding the specific regulations and procedures outlined in Michigan’s workers’ compensation laws is crucial. Consulting with a workers’ compensation attorney can help ensure that you navigate the process correctly, understand your rights, and make informed decisions about your medical treatment. Remember that the information provided is a general overview, and specific details may vary based on individual circumstances and changes in the law.

I was injured on the way to or from work. Am I eligible for workers’ compensation?

Injuries that occur while commuting to or from work are typically not eligible for workers’ compensation benefits. The “coming and going rule” states that injuries sustained during a regular commute to and from the workplace are considered outside the scope of employment and are not covered by workers’ compensation.

However, this rule has some exceptions, and eligibility may depend on specific circumstances. Here are a few situations in which injuries during a commute might be eligible for workers’ compensation:

Special Mission or Errand:

If your employer asks you to perform a task or errand during your commute, and you are injured while doing so, you may be eligible for workers’ compensation.

Traveling Employee:

If your job involves travel, and you are injured while traveling for work-related purposes, you may be eligible for workers’ compensation. This might include situations where you are on a business trip, traveling between job sites, or making work-related stops during your commute.

Employer-Owned Parking Lots:

In some cases, injuries that occur in an employer-owned parking lot or premises may be eligible for workers’ compensation, as they are considered part of the work environment.

It’s essential to consult with a workers’ compensation attorney to evaluate the specific details of your case and determine eligibility. Laws may vary by jurisdiction, and interpretations of the coming and going rule can depend on the specific circumstances surrounding the injury.

If you were injured while commuting and are unsure about your eligibility for workers’ compensation, seeking legal advice is recommended to ensure that you understand your rights and explore possible avenues for compensation.

Why do I need a lawyer when the insurance company has offered to pay my medical bills?

While insurance companies routinely make settlement offers, these offers are rarely the full extent of what a case would be worth. The offer you received might cover immediate medical expenses but might not cover long-term expenses, property damage, physical therapy, loss of quality of life, or other expenses. Working with an experienced attorney can ensure that you obtain the maximum compensation award available to you.

I’m not sure I am comfortable with the idea of suing. Is there any way my claim can be resolved without filing a lawsuit?

Yes. In most cases, there are numerous approaches that could result in a resolution without bringing a lawsuit. Even in lawsuits, many of these cases reach settlement agreements before ever seeing the inside of a courtroom. Our attorneys will look at your case and discuss all the possible options for you to ensure you are comfortable with whatever approach we take. As your attorneys, we can advise you, but ultimately, you are the one who makes the decisions.

Is it normal to be scared and worried?

Yes. In today’s world, the system has evolved where legal representation is necessary in virtually all cases. All the insurance carriers and employers have law firms representing them. You and your family also deserve legal representation to protect your future and your family. The fact that you have been injured is nothing to be embarrassed about, and meeting with one of our attorneys is strictly confidential. We can meet with you in our office, at your home, or even at the hospital. We believe after you meet with one of our qualified attorneys, many of your questions will be answered, leaving you with encouragement and hope instead of fear and worry.

Why do employers fight workers’ comp claims?

Employers fight workers’ compensation claims for various reasons, including wanting to limit the amount of money they spend on claims. Their goal is to provide the least amount of medical treatment and lost wages to limit their exposure, and in the end, that means fighting benefits that should be provided to the injured worker. The employer will try to deny certain benefits based on a condition being pre-existing or personal in nature or simply because the appropriate protocols/procedures were not followed by the injured worker.

Can a workers’ comp claim be denied?

Yes. Claims are far too often denied, requiring injured workers to fight for their due benefits.

What happens at the end of a workers’ comp case?

Unless you settle your worker’s compensation case or your injury has fully recovered and now any treatment that you may require is no longer work-related, your worker’s compensation case should remain open. Do not let the insurance carrier or their doctors tell you your case is “closed” when you are still entitled to care for as long as you remain willing to see medical providers for your condition or until you decide to settle your case.

What should I do immediately after a work injury?

Report the Injury Quickly

You may have 30 days or less to report your work-related injury, and you may face an immediate denial if you do not report the injury in a timely manner. Protect yourself by quickly reporting the injury to a supervisor.

Identify Witnesses

Get the names of any witnesses who saw the accident that caused your injuries. You may need someone else to support your version of events.

Seek Medical Treatment

Follow the rules regarding medical treatment. If you must use the medical provider approved by your employer, do so. Otherwise, visit the emergency room or schedule a doctor’s appointment if necessary. Once you do seek treatment, be sure that you describe your symptoms and your injuries to the doctor so that this information can be properly recorded by medical personnel. Explain that the accident occurred at work. Provide accurate information. If you are given a treatment plan, follow it. Attend all your appointments. If you create a paper trail of missed appointments, the insurance company may believe you were not as injured as you claim. They may attempt to search for a way to terminate your workers’ compensation benefits.

Complete Accident Report Forms

Your employer may require you to complete an accident report. Complete this information in an accurate manner. If you are not up to the task, ask to complete it later.

Avoid Providing Taped Statements

The insurance company may ask you to give a recorded statement. Do not agree to this unless your workers’ compensation lawyer advises you to do so.

What injuries are covered by workers’ comp?

How do I file a workers’ compensation claim?

Filing a workers’ compensation claim involves several steps. Here is a general guide to help you navigate the process:

Report the Injury:

Immediately report your work-related injury or illness to your employer. Michigan law requires reporting within 90 days of the incident, but reporting as soon as possible is advisable.

Seek Medical Attention:

Obtain necessary medical treatment for your injury from an approved healthcare provider. Your employer or their workers’ compensation insurer may have a designated list of approved providers.

Notify Your Employer:

Inform your employer in writing about the details of your injury, including the date, time, and circumstances. Make sure to keep a copy of this notification for your records.

File a Claim with the Michigan Workers’ Compensation Agency (WCA):

Submit a “Claim for Workers’ Compensation Benefits” form (Form WC-104) to the Michigan WCA. This form can be obtained from your employer, their insurance carrier, or the WCA website.

Employer’s Responsibilities:

Your employer must complete their section of the claim form and submit it to their workers’ compensation insurance carrier.

Insurance Carrier’s Response:

The insurance carrier has 14 days to either accept or deny your claim. If accepted, they will start providing benefits. If denied, you may dispute the decision.

Dispute Resolution:

You can dispute the decision through the Michigan WCA if your claim is denied. This may involve a mediation process or a hearing before a magistrate.

Appeals Process:

If you disagree with the magistrate’s decision, you can appeal to the Workers’ Compensation Appellate Commission (WCAC).

Receive Benefits:

If your claim is approved, you may be eligible for benefits such as medical treatment coverage, wage loss benefits, and vocational rehabilitation if needed.

Return to Work:

Once you’ve recovered, your employer may offer suitable work. If you refuse without a valid reason, your benefits may be affected.

It’s crucial to consult with an experienced workers’ compensation attorney in Michigan to ensure that your rights are protected throughout the process. They can provide guidance, assist with paperwork, and represent you in case of disputes.

Should I get a lawyer for workers’ comp?

Securing legal representation for your workers’ compensation claim is essential. The insurance company’s objective is often to minimize both medical care and lost wages for injured workers, a strategy that may not align with your best interests. Their in-house attorneys meticulously review claims, aiming to restrict benefits. They engage in ongoing consultations with your medical providers to curtail your case. To safeguard the benefits rightfully owed to you, it’s crucial to enlist an attorney who will actively advocate on your behalf.

What medical and money benefits am I entitled to due to my injury?

Every case is unique, and it’s crucial to recognize that the insurance carrier initiates defense upon receiving notice of your claim. Therefore, obtaining immediate representation is vital to safeguard your interests. Our role is to assess pertinent facts and comprehensively understand the incident’s implications on your future, including the details of what transpired, your medical treatment, current condition, and future prognosis. Thorough investigation allows us to analyze the impact on your wage-earning ability, lifestyle, and future. As the case progresses, we assist in determining the present value of entitled money and medical benefits. Our firm employs established systems to help assess the fair value of your case, primarily focused on two key categories: medical care and past and future lost wages.

How do I know if my employer or the insurance company is providing the benefits available by law?

The most effective approach is to promptly schedule a private meeting with a skilled attorney after your injury to discuss your case confidentially. Employers typically lack comprehensive knowledge or understanding of current workers’ compensation laws. Consequently, relying on the employer and insurance carrier for guidance often leads to misinformation and misrepresentation of injured workers. The insurance carrier may prioritize cost-saving, potentially to the injured worker’s detriment. Our firm is dedicated to informing you about the relevant laws and understanding your entitlements concerning your injury.

Does workers’ comp pay for missed work?

Yes. Workers’ comp allows for the payment of lost wages in several different classifications of benefits. There are temporary total disability benefits when an injured worker is taken completely out of work by his medical provider or temporary partial disability benefits when he is restricted from returning to work and has a loss of earning capacity because of these restrictions. If an injured worker can never return to work because of his work injuries, there is entitlement to permanent total disability benefits.

How long does a workers’ compensation investigation take?

All cases are different, and the investigation of a claim can vary. Depending on whether benefits are being voluntarily provided by the insurance company or being denied will affect the time it takes to work up your workers’ compensation claim fully.

How much do you get for permanent partial disability?

It’s determined on a case-by-case basis. Permanent partial disability (PPD) benefits are designed to compensate workers for a permanent impairment or loss of function to a specific body part or function resulting from a work-related injury or illness.

Does workers’ compensation show up on background checks?

In general, workers’ compensation claims do not appear on standard background checks that employers typically conduct. Background checks typically focus on criminal history, credit reports, and other relevant information. However, there are a few important points to consider:

Confidentiality Laws:

Workers’ compensation records are subject to privacy laws, and the details of a specific workers’ compensation claim are typically considered confidential. Employers are not allowed to access an individual’s workers’ compensation history without the individual’s consent.

Medical Records:

While workers’ compensation claims themselves may not be visible on background checks, if an injury resulted in medical treatment, the details of that treatment may be included in medical records. However, access to medical records is also highly restricted by privacy laws.

Job Application Questions:

Some job applications may ask about previous workers’ compensation claims or work-related injuries. However, even if you answer such questions truthfully, the employer should not use this information against you in the hiring process due to anti-discrimination laws.

Pre-employment Physicals:

In some cases, employers may require pre-employment physicals. During such exams, employers may obtain information about an applicant’s physical condition, but this is generally limited to assessing whether the individual can perform the job’s essential functions.

It’s important to note that laws regarding background checks and the use of workers’ compensation information may vary by jurisdiction. If you have concerns about how your workers’ compensation history may impact your job search or employment, it’s advisable to consult with legal professionals or experts in employment law in your specific jurisdiction.

Can I get another job while on workers’ compensation?

Yes. Your claim should remain open for as long as benefits are owed or due. If you work for another employer, they must still provide the appropriate medical care for original injuries.

Must I be released to full-duty work before I can return to work?

No, your doctor may release you for modified- or light-duty work. Because employers and insurance carriers want you to return to work as soon as possible, it’s important that you have legal representation so you do not go back to work before you are ready. There have been many cases where the injured person went back to work too soon, resulting in long-term damage that could have been avoided. Our law firm can help you in your decision of when or if it is appropriate to return to work.

If I don’t agree with the opinions of the doctors selected by the insurance company to treat me, is there anything I can do?

Yes, there are several options, and when you meet with one of our attorneys, we can advise you on what you should do.

What do I do if my employer has fired me in retaliation for filing a workers’ compensation claim?

It is illegal for your employer to fire you for filing a workers’ compensation claim. However, the workers’ compensation law does not require your employer to hold your position until you can return to work. We will help you to know and understand your rights and benefits.

I have suffered a serious injury (paralysis, brain damage, RSD or CRPS, herniated disc, repetitive trauma, etc.), do I need help in understanding my legal rights?

Yes, you absolutely do. The insurance carrier may not advise you of all the benefits you may be entitled to. For example, the insurance carrier may not tell you that you are entitled to attendant care, specialized transportation, home modifications, and other benefits too numerous to mention. These are important benefits for you to be aware of.

Can I receive social security benefits, in-the-line-of-duty disability benefits, short-term or long-term disability benefits, and workers’ compensation benefits simultaneously?

Yes, you may receive some of these benefits simultaneously, although the amount may be reduced due to receiving other benefits.

Can I afford a lawyer, and what is meant by “no recovery, no fee”?

No recovery- no fee- another way to say that we work on a contingency fee basis. Your attorney fees are contingent on what we win for you. This means that, literally, if we do not win your case, you will not pay any attorney fees.

What do I do if my workers’ comp claim is denied?

Workers’ compensation claims can be denied for many reasons. Sometimes, the reasons are legitimate — such as failing to submit the proper forms in time or failing to have medical evidence of your injury. However, sometimes your employer or the insurance company will make up excuses for denying your claim. They may wrongly accuse you of fraud or say that the injury was unrelated to your job.

Although your claim was denied, you don’t have to give up. We can assist you with filing a petition for an administrative hearing before an administrative law judge. This hearing is a chance to present additional evidence showing why you deserve benefits.

If the administrative law judge denies your claim again, we can file an appeal with the Appellate. Court. Depending on the facts of your case, we can argue that the administrative law judge misapplied the law.