Workers’ Compensation
Workers’ Compensation insurance is available to persons who are injured on the job and are unable to perform their job due to their injuries. Michigan Workers’ Compensation Law is complicated and there are many pitfalls. If you have a Workers’ Compensation claim, please contact our office and one of our attorneys will review your claim with you. If your Workers’ Compensation insurance carrier is disputing benefits, you can request a hearing with a Workers’ Compensation Magistrate to determine whether you are eligible for benefits. The insurance company does not get the last word as to whether you are entitled to work loss benefits, medical benefits, and rehabilitation benefits. Michigan Workers’ Compensation Law has changed significantly over the past several years. There are more responsibilities and duties placed upon the employee in these claims. Our Workers’ Compensation attorney has over 30 years of experience and has handled thousands of Workers’ Compensation claims. If you are having any issues with a Workers’ Compensation claim or have questions, please contact our office for a consultation with our attorneys.
WORKERS’ COMPENSATION GENERAL INFORMATION
To receive workers compensation benefits, you must establish that you had a work-related injury. You must report the injury to the employer in a timely fashion. You must also have a doctor who will keep you off work due to your injuries. Our experienced attorneys know how to prove each of these items in court.
VOCATIONAL RULES
The law in workers’ compensation cases requires that you engage in a good faith effort to obtain work within your limitations and within your experience and training to qualify for wage loss benefits. The employer can also make offers of employment for you to return to work. These vocational issues are often the basis for a dispute by the insurance company. Contact Weiner and Randall Law Group to find out how to handle these issues and stay in compliance with the workers’ compensation rules.
BENEFITS
If you have a work injury keeping you from working, you are entitled to 80% of your after-tax wages as a wage loss benefit, plus discontinued fringe benefits, subject to yearly caps. You are also entitled to medical care for your injury, including medications, surgeries, therapy, and rehabilitation treatment. There are no out of pocket expenses for you as the injured employee for medical related to your injury. Mileage to and from treatment is also covered as well. If you need help at home recovering from your injury, attendant care benefits are also available, if prescribed by your doctor. Dependents, such as widows and minor children of a deceased worker are also covered for future benefits. Our experts will examine your situation and advise you of which benefits you may qualify for.
INDEPENDENT CONTRACTORS VS. EMPLOYEES
Often, employers will say that you are not covered under their workers’ compensation benefits because you are an independent contractor. Let our attorneys review your case, as there are many times when you should be considered an employee. There are a number of factors that come into play in this analysis, and our experts can help you navigate these rules.
LIENS
There are numerous potential liens that can affect your workers’ compensation benefits. Medicare, Medicaid, Long Term Disability, Social Security Disability and Friend of the Court liens are just a few examples. Let our experienced staff guide you through the lien issues. Many times, we can minimize or eliminate potential liens.
