Workers’ compensation is a state-mandated insurance coverage program, which provides certain benefits to workers who become injured or acquire an illness on the job. The claims process can be complex, time-consuming and there are strict deadlines to adhere to. It is important to seek the legal services of a qualified lawyer who has the experience and knowledge of state workers’ compensation laws.
… I hired Mr. Trucks to represent me in my worker’s comp claim. With his hard work, we won the case…
At Jay Trucks & Associates, our Flint workers’ compensation attorneys have been successfully recovering benefits for injured workers across Genesee County and Michigan state. Some of our results have included a recovery of $480,000 for a pipefitter who sustained a severe closed head injury and a $450,000 recovery for a man who sustained an eye injury in a work accident. Over 30 years, we have recovered millions in compensation for our clients.
Speak with a member of our legal team in a free consultation. There is no obligation to move forward and no upfront fees if we represent you. We only get paid for our legal services if you obtain compensation.
Free Consultation. Ph: (800) 762-8623.
Am I Covered by Workers Compensation?
Michigan law requires employers who hire three or more employees or have one employee working at least 35 hours per week to have workers’ compensation insurance. This coverage helps provide medical and wage loss benefits to workers who suffer an injury arising out of and in the course of their employment. This is in accordance with the state’s Workers’ Disability Compensation Act.
An employee is generally anyone who performs services for pay. Independent contractors are not considered employees and are not covered under workers’ compensation. They should still consider calling a lawyer after an accident because they may have been misclassified as an independent contractor when they should be considered an employee, based on things like the control the employer had over your work and your hours worked.
Workers’ compensation is also a no-fault system, which means it does not matter who is at fault for an injury. Even if you share some responsibility, you may still be able to obtain benefits if you can show your injury or illness happened while on the job.
Injuries and Illnesses That May Qualify for Benefits
To obtain workers’ compensation benefits, your injury or illness must have required sufficient medical treatment beyond first aid. This includes workplace accidents that result in some form of physical disability.
Preexisting conditions aggravated or accelerated by employment, such as mental disabilities, degenerative arthritis or heart/cardiovascular conditions may also qualify a worker for benefits. Even occupational diseases are covered. These are injuries or diseases that arise over time such as silicosis, a lung disease caused by foundry workers breathing in dust containing silica, and other dust-related illnesses loggers are exposed to.
Call our firm today at (800) 762-8623 to learn if you may be eligible for workers’ compensation.
What If I Was Injured While Traveling?
If you get hurt going to or from your workplace, your injury is typically not covered unless it occurred on your employer’s premises. The only way you may be covered by workers’ compensation is if you were commuting for a business-related purpose. This includes a job or assignment requiring travel, such as a business meeting.
Other injuries not usually covered include those that happen during a recreational or social activity, such as a company picnic or office party.
Every situation is unique, which is why we recommend reaching out to an experienced Flint workers’ compensation lawyer from our firm. There is no risk in calling us to set up a free consultation.
Workers’ Compensation Benefits in Michigan
Getting the medical care that you need after a work-related injury or illness can be costly and cause unwanted stress. Michigan’s workers’ compensation system can help pay for all reasonable and necessary medical treatment. Our legal team is prepared to help you obtain the benefits you need to cover medical expenses such as:
- Hospital stays
- Doctor visits
- Dental care
- Assistive devices (hearing aids, etc.)
- Prescription medications
For the first 28 days of treatment, you may be required to see your employer’s preferred doctor. After 28 days, you can choose your own doctor, but you must inform your employer beforehand.
You may also be compensated for lost wages when you have a temporary or permanent disability lasting seven days or more that causes you to miss work.
Partial Disability Payments for Loss of Wages
These benefits are issued if your injury or illness prevents you from working in the same capacity as before. You may be eligible for benefits to compensate you for loss of wages.
Wages loss benefits are 80 percent of the difference between what you are earning now and what you earned before the injury. For 2020, the maximum weekly benefit is $934. These benefits are generally paid for the duration of the disability.
Michigan has a schedule for benefits for certain injuries. For example, you can receive benefits for the loss of a thumb for 65 weeks. Benefits for the loss of an index finger can be paid out for a maximum of 38 weeks.
Total Disability Compensation
These benefits are issued if you become permanently disabled, either partially or totally, due to a work-related injury or illness. You may be eligible to receive 80 percent of your average weekly wage prior to being injured up to a maximum of 90 percent of the state’s average weekly wage for a total disability.
Michigan law does limit total disability compensation to certain conditions:
- Loss of arms or legs
- Loss of feet above the ankle
- Lost sight in both eyes
- Insanity that is incurable
- Complete paralysis in both arms or legs, or a combination of the two
- Loss of both hands above the wrist
- Loss of any combination of limbs
Permanent disability benefits are paid in lump sum payments and eligibility can only happen once you have reached maximum medical improvement, meaning there are no further treatment options that could improve your condition.
These services are designed to help meet your employment goals in the event you can no longer work in the same field you had experience and training in. This could include getting retrained so that you can return to your employer in another position or have the skills necessary to find work elsewhere. These benefits stop after one year, unless you have special circumstances.
When an injury or illness results in death, death benefits can be paid to eligible dependents up to a certain limit. These benefits are generally 80 percent of the deceased worker’s average weekly wages for a maximum of 500 weeks from the date of death. It may be longer if dependent children are involved. The minimum weekly death benefit for 2020 is $518.55. A maximum of $6,000 in reasonable funeral and burial expenses must also be paid by the worker’s employer.
Need Some Help? Call: (800) 762-8623.
Filing a Workers’ Compensation Claim
After an accident, you should notify your employer within 90 days from the date you were hurt on the job or when you became ill due to work conditions. However, we recommend that you report an injury or illness as soon as possible to begin the claims process with Michigan’s Workers’ Compensation Agency (WCA).
Once notified, your employer is responsible for filing an Employers’ Basic Report of Injury (form 100) if you will likely miss at least one week of work. The insurance company will then begin its investigation. In the event your employer refuses to recognize your claim and report your injury or illness, you may call the WCA to report the claim or file an Employee’s Report of Claim (form 117) so your employer’s insurer is notified.
Workers’ compensation claims in Michigan must generally be filed within two years from the date of injury.
When Will I Start Receiving Benefits?
Prompt payment of benefits is required under state law. The first workers’ compensation payment is due on the 14th day after your employer has notice of a disability or death and must be paid on a weekly basis.
If medical bills and/or weekly compensation benefits are not issued within 30 days of becoming due, a late penalty fee may be issued to the employer for each day over this 30-day deadline.
Discuss the value of your benefits with a licensed Flint workers’ compensation attorney.
Can I Appeal a Denied Claim?
If your claim is disputed or denied either by your employer or his or her insurance company, you have a right to appeal it. Claims are often denied due to insufficient medical records.
You must file an application to request mediation. Mediation will be considered if you are only asking for medical benefits or vocational benefits, your employer does not have workers’ compensation insurance, or you are not being represented by an attorney.
If eligible, the case will be assigned to a mediator to help you and your employer or its insurer reach a resolution. Disputes unresolved through mediation will be assigned a trial date before a workers’ compensation judge. An attorney working on your behalf at this stage could be very beneficial in meeting deadlines, gathering evidence and representing your best interests.
Our Flint workers’ compensation attorneys understand the appeals process and what it takes to get an approval for workers’ compensation benefits. We are ready to guide you every step of the way.
Call a Flint Workers’ Compensation Lawyer to Get Started
At Jay Trucks & Associates, we have more than 30 years of experience helping injured workers and their families obtain the benefits they need, recovering over $500 million in compensation on behalf of our clients.
Request a free consultation to learn about your rights and legal options. There is no risk in calling us and no obligation to hire us. We do not charge any fees up front. You only pay us at the end of the legal process if we successfully help you recover compensation.
We are ready to take your call at (800) 762-8623.