Workers’ Compensation Claims
Many people are injured on the job each year in large and small ways. In most situations, an employee's exclusive remedy against their employer for on-the-job injuries is workers' compensation benefits. These include wage replacement benefits, rehabilitation benefits, medical benefits, and more. The trade-off is that the employer’s liability is limited. Also, recovering benefits may involve a greater struggle with your employer's insurer than you expect. At Neumann Law Group, our workplace accident lawyers can help you seek the benefits to which you may be entitled and analyze whether you may have additional remedies. Our principal, Kelly Neumann, is an award-winning Detroit, Traverse City, and Grand Rapids workers’ compensation attorney who has secured more than $3 million in personal injury cases each year over the past several years.Pursuing Workers' Compensation Benefits
Under the Workers' Disability Compensation Act of Michigan, compensation is provided for a disability or death due to a work-related injury or disease, without regard to who may be at fault. Employers pay benefits either directly or through insurance carriers.
Medical benefits are available under the Act. These include hospital, surgical, and nursing services, as well as medical devices and dental care in some cases. In Michigan, during the first 28 days that you are being treated for a workers' compensation injury, your employer can choose which doctor you see. However, after that you can change doctors, as long as you notify your employer and provide a report to the employer about the treatment from your chosen doctor. Your employer can argue that there is good cause why you should not be allowed to continue receiving treatment from the doctor of your choice and bring this matter to a hearing.
Workers who are eligible for benefits are also entitled to weekly compensation checks. Usually, the rate is 80% of your post-tax average weekly wage, up to a maximum rate. If you come back to a job that pays you less than your pre-injury earnings due to a disability or another work-related impairment, you can potentially receive partial compensation benefits. You can also receive a specific sum for a certain number of weeks after losing a body part. Some workers will continue to be eligible for further benefits after that point.
Almost all employers in Michigan are required to procure workers' compensation insurance. However, federal government employees are covered by federal laws and are not covered by the Workers' Disability Compensation Act of Michigan. Similarly, federal laws cover seamen. Private employers that have fewer than three employees or that do not employ any workers for 35 or more hours per week for 13 or more weeks per year are exempt.
Employers that are required to obtain coverage but fail to do so may face significant penalties, including a fine of $1,000, 30 days to six months of imprisonment, or both. An injured worker who learns that his or her employer does not have coverage can sue the employer for civil damages. Sometimes civil personal injury lawsuits result in an employer being required to pay significant compensation to a worker. The company may also be penalized by an enforcement action brought by the Workers' Compensation Agency.Retain a Workers' Compensation Attorney in Traverse City, Grand Rapids, or Detroit
Work injuries can have a disastrous impact on the financial circumstances of an individual or family. If you need to bring a claim for benefits, the Detroit, Grand Rapids, and Traverse City workers’ compensation lawyers at Neumann Law Group may be able to help you recover the compensation you need. We represent people in Petoskey, Warren, Holland, Midland, Muskegon, Saginaw, Wyoming, Kalamazoo, Lansing, Flint, Ann Arbor, and communities throughout the Upper Peninsula. Contact us at 800-525-NEUMANN or via our online form for a free consultation with a knowledgeable injury lawyer. We also represent accident victims in Massachusetts and California.