If you became ill, were injured or lost a loved one in a workplace accident, you may be eligible for workers’ compensation. Having a licensed workers compensation lawyer on your side may make a difference in the outcome of your workers’ compensation claim.
My wife and I would like to thank Todd Trucks for getting us a worker’s comp. settlement of almost 10 times the original amount that was offered to us by the comp. insurance company.
- H. Hoover
Set up a free consultation today with an experienced workers’ compensation lawyer from Jay Trucks and Associates. Our lawyers have a wealth of legal experience handling workers’ compensation claims and have helped many clients recover compensation to cover medical expenses and lost income. For example, we were able to recover $698,000 for a 55-year-old tree cutter who suffered a closed head injury.
Contact a Traverse City workers’ compensation lawyer from Jay Trucks and Associates for a free workers’ compensation claim review. If your claim was delayed or denied by your employer, our lawyers have detailed knowledge of the appeals process. We charge you nothing, unless we obtain financial compensation.
Jay Trucks & Associates. No upfront fees.
Medical Benefits Available for Workers Injured on the Job
Workers who suffered an injury at the workplace could be fully covered for any reasonable and necessary medical expenses related to the injury, such as:
- Hospital stays
- Doctor’s appointments
- Medical tests (CT Scans, MRI’s, X-rays, etc.)
- Emergency care
- Transportation to and from medical visits
- Rehabilitation sessions
- Physical therapy
- Assistive medical equipment or devices (hearing aids, prosthetics, wheelchairs, etc.)
If you are unsure whether your injury qualifies for benefits, you may be able to find out in a free consultation when you contact a Traverse City workers’ compensation lawyer at Jay Trucks and Associates.
In addition to medical coverage, if you are unable to return to work, your employer’s workers’ compensation insurance may also cover a percentage of lost income.
Partial Disability Benefits
Sometimes workers become partially disabled and can still return to work in a lesser role, which means they may earn less. If you are partially disabled due to your injury and cannot return to work in the same capacity as before the injury, you could qualify for these benefits.
Partial disability victims can receive up to 80 percent of the difference of what they were earning before the injury compared to their new weekly salary. Under Michigan’s Worker’s Disability Compensation Act, there are certain types of injuries that could have a determined number of weeks you may be able to receive partial disability benefits.
Total Disability Benefits
When workers are completely disabled and unable to return to work in any capacity, they may qualify for up to 80 percent of their previous weekly salary. The maximum benefit is 90 percent of the state’s weekly average earnings.
Total disability payments can be paid for as much as 800 weeks; however, your condition will be reexamined after this period to determine if you are still eligible to continue receiving these benefits.
Workers who were injured at work and can return but not in the same position, could be eligible for compensation to help them obtain new skills and knowledge to work in a different job or different field entirely.
If you lost a loved one due to a workplace accident or illness, you could receive compensation for funeral and burial costs, and you could receive 80 percent of the deceased loved one’s average weekly salary. Adult family members could receive this benefit for up to 500 weeks and surviving children could have it longer.
Call Jay Trucks & Associates today at (800) 762-8623 to learn more about workers’ compensation benefits that may be available to you and your family.
Are All Workers Covered Under Workers’ Comp?
Michigan law requires all employers to carry workers’ compensation insurance if they have at least one full-time employee working a minimum of 35 hours per week, or at least three total employees on their payroll. These employees are covered under the workers’ compensation system if they suffer an injury while performing work-related activities.
However, the workers’ compensation system does not cover independent contractors. The state recognizes an employee as one who performs services for regular pay. However, if your employer calls you an independent contractor but they supervise your work and determine your work schedule, you may have been misclassified as an independent contractor and you could be eligible for compensation.
If you were injured at work and misclassified by your employer, we suggest you contact one of our knowledgeable Traverse City workers’ compensation attorneys.
Reporting Your Workplace Injury
If you were injured at work, you only have 90 days from the date you sustained the injury, to notify your employer. If you decide to wait to report your injury, your employer could try to dispute it by saying that your injury may have occurred outside of the workplace.
In certain cases that involve mental or physical incapacity, you could have more than 90 days to notify your employer. However, even these types of injuries need to be reported to your employer within two years from the date of the injury.
If you notify your employer that your work injury is expected to keep you out of work for more than one week, the employer is required under Michigan law to file a Form WC-100. After this form is filed, the workers’ compensation insurer will begin reviewing your claim.
If your employer fails to file this form, call the Workers’ Disability Compensation Agency and contact a Traverse City workers’ compensation lawyer at Jay Trucks and Associates.
Jay Trucks & Associates Ph: (800) 762-8623.
Appealing a Denied Claim
Workers’ compensation claims can sometimes be denied by the employer or by the insurance company. For example, the employer might try to say that your injury was not sustained at the workplace or that you were not taking part in a work-related activity. The workers’ compensation insurance company might say that you are classified as a contractor rather than an employee that should be covered under workers’ compensation benefits.
Our attorneys are prepared to guide you through each step of the appeals process, pursuing the benefits you may need to help you recover from your injury.
How Long Will It Take to Receive Benefits?
Michigan law states that workers’ compensation checks should be sent out after approval in a regular and timely manner.
Lost income checks should be sent out within 14 days, however, if you do not receive any payments after 30 days, you should follow up with the Workers’ Disability Compensation Agency.
Call Jay Trucks and Associates today at (800) 762-8623 for a free consultation.
Choosing a Doctor for Your Claim
Your employer can choose your treating doctor for the first 28 days of your treatment. If you want to see your own doctor after this period, you must first provide a written notification about your decision to your employer and the workers’ compensation insurer.
You are not required to have pre-authorization from your employer or workers’ compensation insurer to receive medical treatment for your injuries in Michigan.
Call a Traverse City Workers’ Compensation Attorney Today
When a worker is injured on the job, it could leave the individual and his or her family in a difficult financial situation. Having a dedicated attorney review your claim could be an important next step as you attempt to recover the funds you may need for medical expenses and lost wages.
The attorneys at Jay Trucks and Associates have been protecting the rights of the injured people of Michigan for over 30 years. With over 150 years of combined legal experience, our attorneys have a wealth of knowledge of the laws in Michigan. We know how the workers’ compensation process works and we are prepared to pursue maximum benefits for your injury claim.
Schedule a no-cost, no-obligation review of your workers’ compensation claim today with one of our trusted legal professionals. We charge zero upfront fees and we do not receive payment unless we help you recover compensation.