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employer refuses to file claimWhen workers get hurt on the job, they have a short window to report the incident to their employers. After being notified, your employer also has a deadline for filing your claim for workers’ compensation.

What happens if your employer refuses to file your workers’ comp claim? Can employers do that? What are your legal options if this happens?

At Jay Trucks, we are dedicated to helping the injured get the workers’ compensation benefits they need. We have extensive experience helping injured workers and a history of proven results.

Contact our firm today to learn if you have legal options in a no-risk, no cost initial case review. There are no upfront costs if we represent you and no fees to pay unless we win your case.

Set up your FREE Case Review today. (989) 244-0394

Do All Employers Have to Carry Workers’ Comp Insurance?

Yes. In Michigan, the law requires nearly all employers with one or more employees to provide workers’ compensation coverage. Your employer may provide benefits through a private insurance company, self-insured coverage or through a group fund.

Once employers receive notice of a work injury, they must complete form WC-100 for that employee. The form cannot be handwritten. It must be completed online and then submitted to the Workers’ Disability Compensation Agency and the employer’s insurance carrier.  Benefits begin once the employee’s covered injury or occupational illness last seven days or longer.

Injured employees may be able to sue employers who fail to provide workers’ compensation coverage. If you are unsure whether your employer carries workers’ compensation insurance, you can use the state’s online tool to find out.

Can My Employer Refuse to File My Workers’ Comp Claim?

There are some reasons your boss could legitimately refuse to file your workers’ comp claim, such as if you:

Even if the reason for your employer refusing to file your claim seems valid, he or she could be in the wrong. An attorney may still be able to help prove your work injury is valid.

For instance, if you reported a repetitive stress injury and your employer refuses to file a claim saying it is not work-related. However, there are some injuries that do not happen in a single incident that could still be work related. As long as your work duties caused you to suffer this injury, your claim may still be legitimate.

That said, occupational injuries, like carpal tunnel or other repetitive stress injuries, are harder to prove. Claims for these injuries could benefit from the help of a qualified attorney.

What if Your Employer Refuses to Report Your Injury?

Employers are required to file their employee’s workers’ comp claims in a timely manner. However, when employers refuse to file a workers’ comp claim, it could be they have concerns about their insurance premiums going up. Other employers, however, may have more concerning reasons for not reporting your injury. For instance, if an employer has committed some type of business premium fraud and wants to avoid getting caught. Employers who misrepresent their business in some way know they could face serious trouble with the law.

If your employer refuses to file your workers’ comp claim, you still have options. You can file your claim on your own using Michigan’s Employee Report of Claim Form – WC-117. Filing this form triggers an automatic notification from the State of Michigan to your employer’s insurance carrier.

If your employer makes it difficult to file a claim early on, we strongly recommend you contact a licensed attorney for help right away. He or she can help to protect your rights and interests.

Are There Deadlines for Reporting Your Michigan Workers’ Comp Claim?

In Michigan, employees have 90 days to report a single work-related injury. Employees with an occupational injury or illness also have 90 days from their diagnosis to notify their employer.

Despite this deadline, waiting even one day may send a red flag to the insurance company. Therefore, we strongly recommend that you always tell your employer the same day. Any delays in notifying your employer could make it harder to get your claim approved.

Do I Need to Report My Injury in Writing?

While you may report your injury verbally to your employer, we do not recommend it. The reason for this is simple. If you later need evidence that you notified your employer, you have no tangible proof. However, if you notify your employer by email or some other written method, you have physical evidence that proves it.

How You Can Help to Protect Your Workers’ Comp Claim

It is not necessary to establish fault for a workers’ comp claim. However, employees must be able to prove that their injury was work-related. This is true even for an occupational injury or disease.

These steps can help to protect and strengthen your claim:

If your claim is denied, there is an appeals process you can pursue. If you take this legal route to try to overturn the decision, you should seek legal help immediately. The window to start an appeal is extremely short, and the legal process is complicated.

Seek Legal Help for Your Workers’ Comp Claim

If your employer refuses to file your claim, or is causing other delays, it may be time to call a lawyer.

At Jay Trucks, our Grand Rapids workers’ compensation lawyers are ready to help you with your claim. We have a strong track record and have recovered millions in compensation for our injured clients.

Call our law offices 24/7 to arrange for your free, no-risk consultation. If we represent you, there is nothing to pay while we work on your claim. We only get paid if we are successful with your claim.

Proven Results. (989) 244-0394

dog baring its teethDog bite attacks at work are on the rise. In fact, the United States Postal Service (USPS) reports that more than 5,800 postal workers were attacked by a dog in 2020. Other types of workers are also at risk of being bitten by a dog at work. What can you do if this happens to you? Do you qualify for workers’ compensation? Can you seek compensation for your damages through a lawsuit?

Jay Trucks talks about dog bite injuries on the job, including those workers most at risk and what legal options may be available to you.

The qualified attorneys at our law firm have decades of experience. We are ready to determine all possible sources of compensation to help you pay for your medical costs and other damages after a dog bite at work.

FREE Case Reviews. Ph: (800) 762-8623

Can You Seek Compensation After a Dog Bite at Work?

After suffering an attack from a dangerous dog while working, you may be eligible to seek compensation through one or more types of legal claims, including:

Workers’ Compensation Claim for a Dog Bite Injury

If you are bitten or attacked by a dog at work, you may be eligible to receive workers’ comp benefits. Like all other workers’ comp claims, you do not need to establish fault or negligence to be eligible. However, you do need to prove that you were attacked while in your capacity as an employee. This means you must have been on the clock and performing your job duties.

If eligible, you could recover compensation for:

Third-Party Lawsuit

Depending on the circumstances of your dog bite attack, you may also be eligible to seek additional damages from the dog owner’s home insurance. In Michigan, dog owners are subject to the state’s strict liability law for dog bites. What this means is that whether the dog was tied up or never attacked anyone before, the dog owner can be held liable for the damages. Naturally, you must have had a business reason (such as delivering mail) to be on the property.

If eligible, you could qualify for damages that include:

  • Medical costs
  • Property damages
  • Emotional distress
  • Post-traumatic stress disorder
  • Travel to and from medical appointments
  • Surgeries you may need
  • Prescription costs
  • Lost wages

Workers Most At-Risk for a Dog Bite On the Job

Postal employees are not the only workers at risk of being bitten at work. There are many other types of workers who get attacked by dangerous dogs while doing their job, including:

  • Postal, mail or package delivery workers
  • Home health caregivers
  • Plumbers and electricians
  • Contractors
  • Landscapers
  • Utility workers
  • Meter readers
  • Cable and internet technicians
  • Property inspectors
  • Food delivery workers

Steps to Take After a Dog Bite at Work

If you encounter a dog that seems threatening while working, you may be able to avoid being attacked. However, if you are bitten on the job, you should take immediate steps to protect your health, any evidence and a potential legal claim, by:

Getting help from a medical professional is critical after a dog bite wound. Dog bites can cause serious infections, even when the wound seems relatively small. Being examined by a doctor also helps to support your claim of an injury. A diagnosis and other details about your wounds, including how they happened, will all be documented in your medical records. This helps to link your injuries to the dog bite attack.

Attacked by a Dog at Work? Jay Trucks is Ready to Help

Being attacked by a dangerous dog at work can cause serious injuries, as well as an unexpected financial burden. You may need extensive medical care, depending on the extent of your injuries, and you may also lose wages while you recover.

Speak with one of our Grand Rapids dog bite attorneys to learn more. A licensed attorney can help to protect your legal interests throughout the claims process. Our team of legal professionals has extensive experience and a proven track record – we have recovered millions for our clients. This recovery record includes a $98,000 settlement for a five-year-old child who suffered facial injuries from a dog bite.

Jay Trucks is available to take your call 24/7. Get started today by calling to schedule your free case review.

A firm you can trust. Ph: (800) 762-8623

male office worker wincing in painAfter finalizing a workers’ comp claim and going back to your job, you may believe that your claim is closed permanently. However, what happens if your prior work-related injury or medical condition gets worse and you need additional treatment or surgery? Can you reopen the claim for the incident that caused the original injury or condition?

If you have a previously treated work injury or illness that has gotten worse after closing your claim, our qualified workers’ comp lawyers in Flint are ready to help.

Contact Jay Trucks to learn more. We are prepared to help determine whether you may be eligible to reopen your workers’ comp claim for additional medical care or lost wages benefits.

Free Initial Case Review. (800) 762-8623

Why Reopen a Closed Workers’ Comp Claim?

In Michigan, employees who sustained a work injury receive a lifetime medical benefit for that injury. Even if a workers’ comp claim has already been closed, an injured worker may be still be able to reopen the original claim for further treatment – and lost wages if he or she is unable to work, such as if:

How to Reopen a Michigan Workers’ Comp Claim

Before you attempt to reopen your Michigan workers’ comp claim, there are some requirements that must be met:

Proper Notice and Claim of Original Injury

The original injury must have been reported to your employer within 90 days of the occurrence. Sooner is better, as any long gap – even days – gives room for an employer or insurance carrier to argue an injury could have happened elsewhere. Your best bet is to report the injury immediately and to complete a formal accident report, remembering to keep a copy of the document for your records. The claim for benefits must also have been filed within two years of the date of the initial injury or illness.

Medical Evidence Must Support Reopening Your Claim

In addition to reporting the claim, there must also be medical evidence that links your current injury or illness to your prior work injury. An attorney could help you to obtain this evidence, which may include:

Is There a Deadline for Reopening a Michigan Workers’ Comp Claim?

Unlike many other states, Michigan has no statute of limitations for reopening a closed workers’ comp claim. If you meet eligibility requirements, there are no deadlines that prevent you from reopening a workers’ compensation claim from a previous injury.

Do Workers’ Comp Settlements Impact My Ability to Reopen a Claim?

Whether a settlement impacts your ability to reopen a claim depends on the type of workers’ comp settlement you received. In Michigan, you may have settled your workers’ comp claim in one of two ways:

Settlement via Redemption

This type of settlement occurs when an injured employee opts to accept a lump sum cash payment, rather than continue receiving weekly benefits. For some workers, who have reached their maximum medical improvement (MMI), this may make sense. However, if you settled your workers’ comp claim in this way, you will not be able to reopen your workers’ comp claim. This type of settlement is a one and done kind of deal.

That said, if you only just settled your workers’ comp claim and changed your mind about the lump sum payment, you have 15 days after the magistrate approves your redemption to cancel the settlement agreement. You can only cancel your settlement agreement at this point with good cause. For example, if your condition suddenly worsens and additional diagnostic tests reveal an additional injury that was missed.

Settlement vs Voluntary Payment

If the insurance company makes a voluntary payment – which is the payment of an injured worker’s benefits up through a determined date – the worker may still reopen his or claim later. In this instance, the injured employee did not agree to give up any future benefits to accept a lump sum payment.

Need to Reopen Your Workers’ Comp Claim? Call Our Firm for Legal Help Today

If you need to reopen a closed workers’ comp claim, the experienced lawyers at Jay Trucks are available to assist you. We offer a free initial consultation to review the circumstances of your request. There is no obligation to move forward after this meeting.

If we represent you, there is nothing to pay up front. We do not get paid our fees unless we are successful in recovering additional workers’ comp benefits for your aggravated injury or illness.

Our offices are available anytime, day or night, to take your call.

Millions recovered for our clients. (800) 762-8623

young man holding elbowElbow injuries that occur at work, either from a singular accident or from repetitive movements you do as part of your job, fall under workers’ comp. That said, insurance carriers may often try to deny benefits for an elbow injury claim.

Learn more about elbow injuries, including why these claims may be initially denied, common types of treatment and how an attorney may benefit your claim.

At Jay Trucks, our experienced workers’ comp attorneys in Grand Rapids are deeply committed to ensuring employees injured on the job receive the benefits they need after suffering a work-related injury. Learn how we may be able to help in a case review that is both free and without obligation.

Trusted. Local. Lawyers. (800) 762-8623

Elbow Injuries Often Covered

When talking about elbow injuries, it is important to mention that, for the purpose of a workers’ comp claim, the elbow is considered part of the arm. Your hand, wrist and shoulder, however, are not. The reason this matters is that in a Michigan workers’ comp settlement, the value of an injured arm is greater than for a wrist or hand.

Common work-related elbow injuries include:

  • Bursitis
  • Cubital tunnel syndrome
  • Dislocated elbows
  • Elbow fractures
  • Epicondylitis
  • Ligament tears
  • Sprains
  • Tendinitis
  • Tennis elbow
  • Ulnar nerve damage

These injuries may impact your ability to work and cause increasingly worse pain. Some workers with elbow injuries may be unable to work without receiving treatment.

How Much Are Elbow Injuries Worth?

If your Michigan workers’ compensation claim is valid and you opt for a workers’ comp settlement over weekly benefits, your injury will be valued based on certain factors:

Bone fractures, for example, are worth more than a bruised bone. Fractures may sometimes require surgery, physical therapy and take longer to heal. Additionally, people with bone fractures typically develop some degree of arthritis in the injury later on. Other employees rated with a degree of permanency to their injury may be eligible for a larger settlement if their injury impacts their ability to do their job.

Why Some Elbow Injuries May Be Denied

Regardless of the injury, when seeking workers’ comp benefits, you must be able to show that the injury was the result of your job. This is easier to do if you suffered a one-time accident, such as a slip and fall that fractured your elbow.  For others, who suffer a job-related injury over time, claims may be harder to prove and initially denied.

Repetitive Use on the Job

Many work-related elbow injuries are caused by overuse or repetitive use in jobs that require doing the same types of movements daily. Repetitive motion can put undue stress on joints and cause various types of injuries over weeks, months and years.

Preexisting Arthritis

Insurance carriers often use the presence of arthritis to deny benefits to an employee, claiming that as the cause of their pain or disability. However, just because you have arthritis does not mean your elbow injury is not a legitimate work injury.

Proving Your Elbow Injury Happened at Work

Injuries that happen over time are harder to prove for a workers’ comp claim. Employees who are denied benefits for their job-related elbow injuries may benefit from hiring an attorney. Qualified workers’ comp attorneys will seek to overturn a denial. However, you must act quickly after receiving notice of a denied claim, or you could risk the opportunity to overturn the decision.

In addition to seeking legal help if you are denied workers’ comp benefits for your elbow injury, there are some steps you can take to help protect a potential claim:

Failure to follow doctor’s orders, including missing follow-up appointments, may impact your claim or stop your benefits. Your employer could argue that your injuries are not that bad since you are not continuing your care.

Seek Legal Help for Your Work-Related Elbow Injury

Having legal representation can help to ensure your rights are protected and you obtain the benefits you need.

At Jay Trucks, our dedicated attorneys work hard for our clients, as proven by our decades-long track record. We have recovered millions in compensation for our injured clients, including a $90,000 recovery for a 52-year-old factory worker with elbow tendinitis.

Find out if your claim is valid. Schedule a case review with a qualified attorney at our firm. This meeting is completely free and carries no obligation to hire our services. We can take your call 24/7, and if we represent you, there are no upfront costs.

Millions Recovered. Call: (800) 762-8623

construction worker holding back in painLifting injuries are a frequent occurrence in many industries, especially those where heavy lifting on the job is a daily occurrence. Workers in these fields have a greater-than-average risk of suffering severe back, neck or shoulder injuries on the job.

Jay Trucks discusses the careers with the highest risk for a lifting injury and the most common injuries these workers sustain. In Michigan, it is also important to understand why a claim for a work-related lifting injury to the back, neck or shoulder may be more difficult to get approved.

Our knowledgeable Flint workers’ compensation lawyers are ready to help you obtain the benefits you need after suffering a job-related lifting injury. There is no cost or obligation to speak with one of our licensed attorneys to discuss your potential claim and get answers to your legal questions.

Call for a free case review today: (800) 762-8623

Lifting Injuries Can Happen Anywhere

While workers in certain industries are more likely to suffer a lifting injury, the reality is that it can happen anywhere and to anyone – even office workers who rarely have to pick up or carry heavy items. Some lifting injuries can happen simply by overreaching to grab an item or turning the wrong way when picking an item up. Workers may suffer significant and debilitating pain from these common lifting injuries:

  • Muscle sprain and strains
  • Knee injuries
  • Shoulder injuries, such as a torn rotator cuff
  • Carpal tunnel syndrome and other hand injuries
  • Muscle spasms
  • Spinal cord damages
  • Herniated or bulging discs
  • Neck pain
  • Soft tissue injuries
  • Nerve damage
  • Sprained ankles

High-Risk Industries for Lifting Injuries

Certain careers require workers to be able to lift heavy items every day as part of their job duties. Therefore workers in these industries have an increased risk for sustaining a lifting injury:

  • Warehouse workers
  • Carrier and delivery services
  • Manual laborers
  • Construction workers
  • Medical staff required to lift patients or equipment

Who Qualifies for Workers’ Comp Benefits After a Lifting Injury?

Under Michigan workers’ compensation laws, any employee who suffered an injury arising from and in the course of his or her job duties would likely be eligible.

Eligible employees may receive medical costs for treatment, lost wages and other benefits. That said, cases involving lifting injuries may also be challenging to prove – especially if the injuries occurred over time.

Lifting Injury Caused by a Single Incident

Injuries from a single incident are often easier to establish as there is little room for doubt that you were hurt while performing your work duties. Often, there may be also be a supervisor or other workers who witnessed what happened. Even with potential eyewitnesses, however, it is important to report the incident that caused your injury as soon as it happens. Once you leave the premises,  your employer or workers’ comp insurance carrier may try to argue that you could have sustained your injury elsewhere.

Proving a Cumulative Lifting Injury Was Work Related

Cumulative injuries that develop over time are significantly harder to prove as there is no single event to support your claim of an injury, but there are some steps you can take to help build evidence for a claim:

Even with a diagnosis from your doctor, Michigan may initially deny your claim – especially if you sustained a back or neck injury. Back and neck injuries are among the most often denied workers’ comp claims in Michigan because they are harder to diagnose and treat, and often workers may also have a preexisting injury. These are just a few of the reasons you may benefit from having an attorney help you with your claim.

Contact Our Trusted Law Firm for Legal Help

Our knowledgeable lawyers are ready to help you build a strong claim. Even your claim was denied, we are well-versed in the appeals process and are ready to work hard to help you recover the benefits you need.

Call to schedule a free, no-obligation case review. We are available to take your call 24/7. If we represent you, there is nothing to pay up front and no fees unless we obtain benefits for you.

Millions Recovered. Call: (800) 762-8623

image showing work injury formInjured employees in Michigan can opt to exchange the value of their future workers’ comp benefits in exchange for a lump sum settlement. However, does this always benefit the worker?

Jay Trucks explains more about workers’ comp settlements for those who are considering this legal option after being injured on the job.

Suffer a work-related injury? Our Flint workers’ compensation lawyers are ready to help you seek a workers’ comp claim or a cash settlement. Call our law offices anytime, night or day, to schedule a free case review to discuss your potential legal options.

Workers’ Comp Settlement Versus Receiving Benefits

In Michigan, like most states, injured employees may be eligible to receive workers’ comp benefits following a job-related injury. Benefits the employers’ workers’ comp insurance carrier must pay includes:

Alternatively, injured employees may choose to accept a lump-sum settlement in lieu of receiving regular workers’ compensation benefits. A lump-sum workers’ comp settlement will include a calculated value for the benefits you were expected to receive. This calculation takes many factors into consideration, such as the severity of your injuries, prognosis for recovery and when you may be able to return to work.

In Michigan, workers can pursue a lump-sum settlement as soon as six months following a work-related injury. However, in many cases, that may be too soon. Attorneys recommend waiting until you have reached your maximum medical improvement (MMI) to help ensure your settlement is sufficient to help you in your recovery.

Benefits and Risks

There are both benefits and risks if you choose to settle a workers’ comp claim instead of receiving ongoing benefits while you recover.

Benefits to Workers

Injured employees who choose to settle their workers’ comp claims in a lump-sum cash payment may benefit from:

  • Lump-sum settlements that are tax-free
  • The ability to choose their own path for medical care
  • Not being subject to independent medical exams
  • Avoiding being harassed by the insurers
  • Using the money to obtain vocational retraining, medical costs, transitioning to a new job and more
  • Accepting another job without worrying about losing benefits
  • Moving forward with your life

Risks of Taking a Settlement

If you choose a settlement over weekly workers’ comp benefits, however, there are also some risks to consider before making your decision:

Not sure which option will best suit your needs?  Schedule a free initial consultation with one of our qualified attorneys to discuss your situation and learn more about workers’ comp settlements.

How is a Settlement Amount Calculated?

A workers’ comp settlement should take into consideration the value of the benefits you expected to receive. That calculation includes a combination of the following types of benefits/compensation:

  • Current medical costs
  • Future expected medical expenses
  • Lost wages
  • Diminished or lost future earnings

However, before your settlement can be accurately calculated, you will need to understand all the contributing factors that impact the value of your potential settlement. We strongly recommend that you do not agree to a settlement amount without first speaking with an attorney.

Having an experienced attorney who understands your medical needs – as well as the legal issues – can make a difference in your settlement outcome. Those who hire an attorney to represent their interests often achieve larger settlements than those who do not.

Our Trusted Lawyers Are Here to Help

Making the choice of a workers’ comp settlement over regular benefits is a difficult decision. Having input from a knowledgeable attorney who has an in-depth understanding of the law and how to protect your best interests may benefit your claim.

Jay Trucks has been representing the injured in Michigan for decades. We have recovered millions in compensation for our clients, including a $1,148,320 workers’ comp settlement for an injured floor installer. We are prepared to help you obtain a maximum settlement for the injuries you suffered at work.

Contact our firm 24/7 to schedule a free case review. There is no obligation to hire our services, but if we do represent you, there is nothing to pay up front. We collect no payment until the case concludes and only when we recover compensation for you.

Free Case Review. Call: (800) 762-8623