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Worker’sCompensation

Worker's Compensation lawyer Troy, MI

Disability Law

Workers’ Compensation

Employers in Michigan are required to carry workers’ compensation insurance coverage for their employees to provide for medical benefits, income replacement, compensation for total loss or death, and vocational rehabilitation benefits for employees who are injured at work.

Under Michigan law, an injured worker must give his or her employer notice of the injury within 90 days of knowing of a work-related injury and file a claim for such benefits within 2 years of the injury. The employer is supposed to then submit the claim to its insurer or claims administrator if it is self-insured.

The Workers’ Compensation Act was designed to provide injured workers a no-fault and quick access to medical treatment following an injury, to provide benefits to help support themselves and their families while restricted from work during recovery from their injury, and to avoid litigation between the employee and his/her employer. In exchange for this, employees gave up the right to sue employers for the vast majority of injuries that occur on the job.

If you have been injured as a result of a traumatic event (e.g. you fall at work injuring your back), or if you suffer cumulative or repetitive trauma in the course of your employment (e.g. you repetitively use your hands and develop Carpal Tunnel Syndrome), you may be entitled to recover workers’ compensation benefits if medical evidence shows the work injury or repetitive work activity caused the diagnosed condition. Additionally, if a work injury or repetitive trauma aggravates an underlying condition (such as Arthritis or a Degenerative Condition) and causes that condition to become painful, the injury may qualify as a work-related injury entitling you to workers’ compensation benefits under Michigan Law.

Unfortunately, the system does not always operate as planned, and workers’ compensation insurance carriers and administrators at times deny injured workers’ claims or refuse to timely pay benefits or authorize recommended medical treatment. Lastly, it is illegal for your employer to discipline or discharge an injured worker for making a workers’ compensation claim.

The Schipper Law Group provides comprehensive services to help injured workers of Michigan recover the benefits they are entitled to under the law and preserve their right to medical treatment for the effects of their injuries.

Injured employees are entitled to medical care, wage loss, and vocational care benefits. They are also entitled to specific loss and death benefits.

Medical Care

An injured worker is entitled to all reasonable and necessary medical treatment for the cure and relief of the effects of their injury. The injured worker is entitled to choose the medical provider of his or her choice after 28 days of care. The workers’ compensation carrier is required to pay for the treatment with no co-pays or deductibles charged to the injured worker.

Medical treatment includes:

  • Doctor’s Visits
  • Medication
  • Therapy
  • X-Rays
  • Diagnostic Tests
  • Surgeries

Travel reimbursement to and from medical appointments is also compensated. If found to have suffered a compensable work-related injury, medical coverage continues for the injured worker’s life for all reasonable and necessary treatment.

Wage Loss, Specific Loss & Death Benefits

After one week of work restriction following an injury or under light-duty restrictions that the employer is unable to accommodate, an injured worker is entitled to wage loss benefits paid weekly at 80% of the injured worker’s after-tax pre-injury average weekly wage up to 90% of the state average weekly wage. This may be subject to offsets if the worker is receiving other payments or benefits.

The injured worker may be entitled to specific loss benefits for loss of industrial use of specific body parts. Likewise, death benefits are allowed and may be collected by dependents.

Vocational Rehabilitation

Injured workers have the right to vocational rehabilitation services. This may mean a number of things, including job accommodation, job training, counseling, or alternative jobs with the same employer.

If you have been denied workers’ compensation benefits please contact us here or call us at (248) 729‑2414. Our workers’ compensation attorneys will explain all of your rights, explore every option, and provide you with aggressive representation when needed. We have a proven track record of achieving successful outcomes inside and outside of the courtroom.

Frequently Asked Questions

Do I have to always be treated at the company doctor/doctor the workers’ compensation carrier sends me to?

No, after 28 days of treatment you have the right to use a medical provider of your choice.

Am I entitled to mileage reimbursement for trips I have to make to the doctor for treatment of my injury, and am I entitled to payment for services provided by my spouse or other family members?

You are certainly entitled to reimbursement for travel expenses. You are entitled to payment for services provided by your spouse or other family members if they are beyond normal household duties. Generally, things that a home attendant care would provide are compensable.

Can my employer terminate me for pursuing a workers’ compensation claim?

No, if an employer terminates you for pursuing a workers’ compensation claim, the law provides a remedy as you would be entitled to bring a suit against your employer for wrongful termination/retaliatory discharge.

Can I recover pain and suffering in a workers’ compensation claim?

No, the law provides for only certain types of benefits, including medical benefits, income replacement benefits, and specific loss and death benefits.

How long do I have to file a claim after being injured at work?

Michigan has what is called the two year back rule, which means that benefits cannot be collected for a period of time earlier than the 2 years immediately preceding the date the injured employee files and application for hearing.

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