Workers' Compensation

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When you get hurt at work, your employer is required to promptly pay for the medical care you need and weekly benefits while you get better and back to work.  All too often, however, as you watch your bills pile up while you struggle to cope with the limitations of your injury, the workers’ compensation insurance carrier sends you a notice that they are denying your claim.  Denial and delay nearly always benefit the insurance company and they'll deny claims for the flimsiest of reasons.  To avoid unnecessary disputes, call us right away when you get hurt.  We'll make sure you know how best to avoid having your claim denied.    

Whether your benefits are paid, delayed or denied, you need an expert on your side.  Even when an insurance company pays your benefits, they'll often short-change you on your weekly benefit rate or fail to pay all medical expenses required by law.  They will set you up for "independent" medical and vocational exams whose main purpose is to reduce or deny payment of your benefits.  You need a law firm at the cutting edge of the fight to protect the rights of workers injured on the job.  We represent workers in all walks of life.  Our specialty is construction injury cases.   Contact us to schedule a consultation with one of our workers' comp experts.  The initial consultation is FREE and there is No Obligation to hire us. We will review your claim with you, explain your rights under the law, and go to bat for you to get all the benefits you deserve.  We'll also help you obtain other available benefits such as short- or long-term disability, social security disability, pension, no-fault, veterans' benefits, or continued health insurance coverage.

YOU NEED TO KNOW...

On-the-job injuries are covered by the Michigan Workers’ Disability Compensation Act.  2012 marked the 100th anniversary of this ground-breaking law. The original law struck a “grand bargain” whereby workers gave up the right to take their employers to court where they could sue for damages for on-the-job injuries. In return, workers were given what was supposed to be swift and certain payment of full medical benefits and partial wage loss (now up to 80% of take home pay), irrespective of fault, for any on-the-job injury. Workers’ comp was Michigan’s first “no fault” law. Since 1912, workers’ comp has been and remains injured employees' exclusive remedy against their employers for medical and wage loss benefits for work injuries.

The grand bargain at the heart of the law has been upended by the Republican majorities who presently control Michigan state government. On 12/19/11, they enacted a sweeping rewrite of the worker’s comp law, reducing and eliminating benefits, and tipping the balance heavily against injured workers and in favor of business and insurance interests. The centerpiece of their rewritten law is a “phantom wage” provision that allows employers and their comp carriers to reduce or stop wage loss benefits based on what an injured worker is allegedly "capable of earning", even if he can’t find work at all!  Thus, the grand bargain on which workers' comp law was based went out the window.  You can't sue your employer for damages and now, under the new worker's comp law, many of Michigan's injured workers won't get any workers' comp either.  Some bargain!

The new and improved law also undermines the “no fault” nature of workers' comp. The law now provides that injured workers, even those with career-ending injuries, who are terminated from light duty work “for fault”, lose their lifetime wage loss benefits. What employer won’t be tempted by the incentive of saving hundreds of thousands of dollars in workers’ comp benefits by simply offering an injured worker a light duty job, then finding some trumped-up reason to terminate him “for fault”?

The new law also distinguishes between partially and totally disabled workers, further complicating workers’ comp. While the law still provides for medical benefits, employers and their insurance carriers now get to direct where employees must obtain their medical treatment for 28 days, up from the 10 days under the law that existed for decades.  A movement is now afoot to implement “evidence based medicine” guidelines that will further limit injured workers' treatment options and give comp carriers even more control of injured workers’ medical care.

In the face of these radical changes in workers’ comp law, now, more than ever, you need the expertise and personal attention we bring to every client's case to make sure you get the benefits you deserve.  Contact us to schedule a consultation with one of workers' comp experts.  The initial consultation is FREE and there is No Obligation to hire us.  Attorney fees are owed only if we recover benefits for you.

 

Additional Resources

Injured Employee Checklist

Lung or Pulmonary Diseases

RSD (Reflex Sympathetic Dystrophy) /
CRPS (Complex Regional Pain Syndrome)

Frequently Asked Questions

 

Workers' Compensation

Medicare

Michigan Building Trades