Detroit Workers’ Compensation Attorneys
Injured Workers Deserve Fair Compensation
Workers’ compensation allows you to seek certain benefits after a workplace accident if you are eligible. Due to Michigan workers’ compensation law, most workers in the state who are not independent contractors should be covered by workers’ comp. Whether or not an employer or an insurer wants to provide the benefits as they are owed is a different question entirely, though.
If you need workers’ comp to pay for your medical treatments and wage replacement to make ends meet, then Adler Firm, PLLC in Detroit would like to help you. Our attorneys are backed by more than 30 years of legal experience with a deliberate focus on workers’ compensation cases. No matter your industry or what sort of accident you suffered, we can assist you from the start of your case to its conclusion.
On This Page:
- Workers' Compensation Benefits
- Workers' Compensation is a No-Fault Insurance Program
- What To Do After a Workplace Accident
- Employer's Obligations
- Denials, Hearings & Settlements
- How Long Do You Have to File a Claim?
- What Is the Average Settlement Amount?
- Get In Touch Today
You should be able to recover comfortably from the injuries you have suffered in a workplace or on-the-job accident. Workers’ compensation is designed to let you do exactly that by providing you with several benefits. The benefits available to each worker can sometimes differ slightly from case to case, but, for the most part, workers in Michigan who are eligible for workers’ compensation will have a chance to receive the same or similar benefits through the insurance program.
Three important benefits available through workers’ compensation are:
- Medical treatment costs: 100% of your medical costs associated with “necessary” treatments and care should be covered through your workers’ compensation coverage. Even copays and travel expenses should not come out of your pocket or, if they do, should be reimbursed.
- Disability pay: If you cannot return to work at all or in your full capacity for some time due to the disabilities caused by your injuries, then you could be eligible to receive wage replacement benefits. In Michigan, workers will typically receive 80% of their average pre-injury, post-tax weekly wages.
- Vocational retraining: You might need to start a new job position or an entirely new career due to your disability. If so, then workers’ compensation benefits can help pay for the costs of retraining or a new educational or certification course.
Importantly, workers’ compensation is a no-fault insurance program in Michigan and elsewhere. Essentially, this system allows you to receive the aforementioned workers’ compensation benefits in practically every case because the fault for your injuries is not always important. You can admit to your employer that you made a mistake that caused your accident, and that no one else was around to contribute to it, and you can still get workers’ comp benefits to help you recover.
Two possible exceptions to the no-fault rule of workers’ comp are:
- You intentionally tried to get hurt, so that you could collect workers’ comp benefits.
- You knowingly and wantonly broke your employer’s safety rules or requirements.
For example, you were working alone when you fell off a ladder while loading heavy stock. But you were trained to never use a ladder for heavy stock without a second worker assisting you, and there is ample signage on and around the ladder with the same safety instructions. Your employer could try to argue that you intentionally broke safety protocols and, therefore, they should not have to honor your workers’ compensation claim.
The clock for workers’ compensation coverage starts ticking the moment an employee gets hurt. It is important to immediately notify your supervisor and start gathering information to ensure the process works for you.
Michigan law requires medical benefits to be provided from the day of the injury. You also are entitled to 80% of lost wages after seven days. Your employer can choose your doctor during the first 28 days of treatment. Afterward, you can notify your employer and insurance company that you want to change doctors.
Other key steps to take after reporting an incident:
- Notify your employer or insurance carrier of any wages earned while collecting benefits. Michigan law does not allow weekly workers’ compensation benefits for people who are employed and earning wages equal or greater than the date of injury, except for permanent and total disability.
- Adhere to medical examinations required by your employer or their insurance company.
- Participate in rehabilitation programs designed to help you return to work.
Employers have certain obligations toward their employers. They are responsible for making workplaces as safe as reasonably possible, and most have to carry workers’ compensation insurance. Additionally, your employer cannot stand between you and your rightful benefits or do anything that compromises your interests or recovery. Some of the things you can expect from your employer when filing a claim include the following:
- Employers have to post a notice where employees can see it indicating they comply with insurance requirements.
- Employers must take immediate action to call for emergency medical care if necessary after a workplace accident.
- Employers have to complete a report about a work accident and submit it to the local workers’ compensation office.
- Employers have to comply with any additional requests for information from the injured employee or the workers’ compensation office.
Employers cannot discourage you from filing a claim, and it is inappropriate for a boss to do things to intentionally undermine or delay your claim. Many injured employees find it beneficial to have help as they pursue benefits and financial support for their recovery needs.
A workers’ compensation claim can get complicated quickly if the insurer or your employer doesn’t think it is a valid claim. Don’t be surprised if your case faces turbulence or gets denied after the initial filing. Many workers’ comp claims are denied without justification as a dishonest attempt from some insurance companies to frustrate the claimant into giving up the claim.
If your case is denied, then you can depend on our workers' compensation attorneys in Detroit to help you with the denial process, including challenging the denial during an official hearing. The Michigan Department of Labor and Economic Opportunity oversees appeals and hearings, and we know how to present a convincing argument to them. When a hearing is unsuccessful or not possible, we can consider filing a lawsuit against the insurer, which might be concluded with a lump-sum settlement offer for you. We’ll carefully navigate each step to pursue the most compensation and benefits possible.
If you are injured at work you should report the incident immediately to your supervisor and file a workers' compensation claim as soon as possible. Michigan law allows injured employees to file a claim up to 2 years after the date of their accident, however, in order to preserve evidence and ensure that you have a strong case, it's important that you speak to a workers' comp attorney and file a claim as quickly as possible.
According to the Workers' Disability Compensation Agency annual report, the average workers' compensation settlement amount for 2020 was $59,235. This doesn't mean that you will be awarded the same, however. Settlements are determined based on a variety of different factors, including the type of injury you have suffered, what kind of disability you have experienced as a result, and more. To get a better idea of what your workers' comp claim could be worth, you should reach out to our Detroit work injury lawyers for a free initial consultation.
Are you worried that you won’t be able to recover from your work injury because the workers’ compensation process is too complicated? Set your concerns aside by teaming up with our Detroit workers’ compensation lawyers today. We’re here to guide and represent you through every step with one goal in mind: your total recovery.
Begin by talking with our team. Just dial (888) 966-9524 at any time.