Work injuries are not uncommon, and in some industries, such as construction, there is a higher risk for being involved in an accident on the job. However, even office employees can get hurt while performing their work duties.
If you suffered a workplace injury, there are certain benefits you may be eligible to receive while you recover. Jay Trucks discusses some of your rights following an injury at work.
Workers' comp claims can sometimes become very complicated. If you are having difficulties with your claim, our experienced lawyers are prepared to guide you through the legal process. To learn whether you may be eligible for these benefits or additional compensation through a third-party claim, you can schedule a completely free, no-obligation consultation to discuss your situation.
Do I Have Grounds for a Lawsuit After a Workplace Injury?
Unless your employer intentionally caused you harm, you cannot sue him or her for any injuries you sustained in a workplace accident.
Michigan employees are protected by workers’ compensation insurance. Your employer is required to carry this coverage for all employees who qualify as defined under state law. The benefits provided through a workers’ compensation claim are available to you even if you contributed to the accident in some way.
Third Party Claims
In some cases, you may be able to pursue a third-party lawsuit against the manufacturer in addition to the benefits you receive from your workers’ comp claim, such as for:
- Property owner negligence
- Manufacturers who knew about a defective product
- Intentional injury caused by a contractor, co-worker or employer
This is something you can learn more about by calling our law firm. Our Flint workers’ compensation attorneys have been advocating for the injured in Michigan for more than 30 years and recovered millions in compensation for our clients. We have extensive experience handling Michigan workers’ comp claims, and we are prepared to help you pursue your benefits and other compensation through any third-party claim, if you have a case.
What Benefits Can I Expect From a Workers’ Comp Claim?
If you are injured as an eligible worker in Michigan, workers’ comp provides various benefits to help you recover and get back to your job, including:
Lost wages: Workers' comp provides employees with up to 80 percent of their wages, after tax. Your total weekly wage benefit will be based on the average highest weekly pay you were receiving in the 39 weeks prior to your accident. Although this wage loss benefit does not begin until you have missed work for seven days, it will continue while you are recovering and unable to work.
Medical Benefits: Michigan workers’ compensation provides 100 percent of your medical costs following an injury on the job, including all of your related medical bills, surgeries, physical therapy, rehabilitation and prescriptions. Medical assistive devices, such as a prosthetic limb or crutches, as well as any home modifications if you become disabled, are also covered. After the first 28 days of treatment, you are eligible to pursue continued treatment through a doctor of your choosing.
Attendant Care: Michigan workers’ comp may provide an additional benefit of up to 56 hours per week for a caregiver, such as a relative, to assist you with any daily living activities that you are not able to do for yourself. These activities typically include help with dressing, personal hygiene, preparing meals, bathroom assistance and administering medication.
How Long Do I Have to Report My Accident?
While the state gives you up to 90 days to report an accident that happened at work, we strongly recommend that you report any work injuries immediately. Once you leave the premises, you allow room for your employer to argue that your injuries could have happened somewhere else.
After you notify your employer about your injuries, he or she should submit a claim to the insurance provider. If, however, your employer does not submit your workers’ comp claim on your behalf, you can file form WC-117 on your own.
When You Need Legal Help With Your Workers’ Comp Claim
Even if your workers’ compensation claim is initially denied, you may still be able to obtain benefits. If this happens, we encourage you to contact an attorney for legal assistance as soon as you receive notification of your denied claim. Michigan has legal options for appealing a denial, however, you must act quickly to avoid missing important deadlines. This is something you can discuss with a member of our legal team.
Additionally, if you believe you may have a third-party claim or your employer is not providing the benefits you should be receiving under the law, we are prepared to help.
In any of these situations, or if you need legal guidance with your workers’ comp claim for other reasons, you may contact our firm to schedule a free legal consultation. A representative is available to take your call or text 24/7, and meeting with one of our lawyers does not obligate you to hire our services.
At Jay Trucks and Associates, we accept valid workers’ comp claims with zero out-of-pocket costs to you. We do not get paid unless we first recover compensation for you.
Call: (800) 762-8623 for legal help today.