METRO DETROIT Workers’ compensation LAWYER
Metro Detroit Workers' Compensation Attorney
If you have been injured as a result of a work related accident, you may be entitled to workers’ compensation benefits. Workers’ compensation is an exclusive remedy that offers guaranteed compensation to anyone injured on the job without the need to prove fault. You deserve to know your rights if you have been involved in a work related accident, and the Metro Detroit Injury Lawyers are here to help. Don't let the insurance company deny you the benefits you are owed. Fight back by contacting us today for a free consultation concerning your workers’ compensation claim.
Michigan Workers’ Compensation Overview
Workers’ compensation is available to all covered employees who sustain an injury or disease that arises out of and is in the course of employment. Workers’ compensation is insurance that employers must purchase to provide certain benefits to employees who are hurt while working. Almost all public and private employers in Michigan are covered under worker’s compensation.
The benefit of receiving guaranteed compensation should you sustain an injury on the job regardless of fault, comes with the drawback of not being able to sue your employer for pain and suffering should the accident be caused by your employer’s negligence.
There are certain requirements in order to obtain workers’ compensation benefits. First, you must be an employee of a covered entity. All Michigan public employers are subject to and bound by the provisions of Michigan’s Workers’ Compensation Act. A private employer is subject to the Act if it regularly employs three or more employees at a time or employs one worker for 35 hours per week for 13 or more of the preceding 52 weeks.
Second, you must sustain an injury or disease. The inclusion of diseases means an injured employee is covered not just for a slip and fall accident, but also for repetitive stress damage like carpal tunnel and for illnesses, such as lung disease from coal dust. The disease must be occupational, meaning that it is related to the conditions or characteristics of the employee’s work environment.
Lastly, the injury or disease must arise out of and be in the course of employment. This is a two-step analysis. “In the course of employment” relates to the time, place and circumstances of the injury. There is a presumption that injuries sustained during normal work hours are in the course of employment. The determination as to whether the injury or disease “arises out of employment” is typically made by considering whether the injury is a risk of employment.
If you sustained an injury or disease on the job, contact the Metro Detroit Injury Lawyers today to determine your rights to workers’ compensation benefits.
Benefits Available Under MichigaN Law
The benefits available under Michigan worker’s compensation laws are designed to ensure timely payment of medical bills and lost wages in the event you are unable to work. Michigan workers’ compensation laws entitle the injured employee to receive:
- 80% of after tax value of weekly wages
- All reasonable and necessary medical expenses
- Temporary or permanent benefits for partial or total disability
- Rehabilitative expenses
- Vocational rehabilitation
WORKERS’ COMPENSATION CHECKLIST
If you have been injured as a result of a work related accident, there are necessary steps to follow in order to protect your rights to collect benefits:
- Inform Your Employer: Notice of your claim must be given to your employer within 90 days for both occupational diseases and personal injuries. The 90-day notice period begins to run when the employee knows, or should know, that the injury or disability exists.
- File Your Claim Within Two Years: There is a two-year statute of limitations for workers’ compensation claims in Michigan.
- Inform Your Doctor: You should inform your doctor of all the details of the accident and that it was work related. Detailed and precise medical records will be crucial should the insurance company challenge your right to benefits.
- Report All Injuries to Employer: You should inform your employer of all injuries you sustain at work, regardless of the severity. Symptoms frequently get worse over time. Minor injures can result in a major medical problem later on. You do not want your benefits to be denied for failing to give the proper notice to your employer.
- Contact the Metro Detroit Injury Lawyers Today: If you have been denied benefits or need help filing your claim, the experienced attorneys at the Metro Detroit Injury Lawyers are here to help. Having an attorney on your side who knows and understands Michigan's workers’ compensation laws makes all the difference. Contact us today for a free evaluation of your case.
Metro Detroit Injury Lawyers recently settled a case involving an assault and battery of a U.S. veteran at a Metro Detroit restaurant for $95,000.
Metro Detroit Injury Lawyers settled a pre-suit car accident case for full policy limits this week after a Metro Detroit woman was struck earlier this year while attempting to cross the street by a vehicle traveling at an excessive rate of speed.
Dogs are wonderful companions and family members. However, it is a reality that dog bites can be traumatic and result in very serious injuries for the victim. If you have been the victim of a dog bite attack, you need an experienced Michigan dog bite lawyer to handle your case.
Metro Detroit Injury Lawyers recently reached an $80,000 settlement on a premises liability case involving a serious knee injury to a woman who tripped over an exposed, elevated bolt on the sidewalk of a Metro Detroit business.
Metro Detroit Injury Lawyers reached a $50,000 settlement on a case involving injuries to a registered nurse who was assaulted by her patient.
Metro Detroit Injury Lawyers recently reached a $154,000 settlement on a slip and fall case involving a serious knee injury to a woman who fell on a freshly mopped floor in a Metro Detroit business.
In many personal injury cases, the need for medical assistance after a car accident, slip and fall, or dog bite injury is clear. The injured person may have a broken bone, fracture or require stitches and the need for immediate medical assistance is obvious. In other cases, the accident victim may be unsure whether they need to see a doctor and spend the time and incur the associated costs.
A dangerous and potentially life threatening bacterial infection has been linked to the use of certain heater-cooling units (HCU). These devices are used during surgeries such as open heart surgery, lung surgery or liver transplant surgery to regulate a patient’s body temperature.
Metro Detroit Injury Lawyers reached a $250,000 settlement earlier this month on a dog bite case involving an attack on a 3 year old boy that left the child with deep lacerations, puncture wounds and severe bruising to his face.
Metro Detroit Injury Lawyers reached a pre-suit settlement earlier this month on a premises liability case involving a slip and fall on ice. Our client was injured early in the morning when he slipped and fell on the unsalted parking lot of his apartment complex as he attempted to access his car for work.
Metro Detroit Injury Lawyers is pleased to announce that Attorney Cameron Peralta has been selected by The National Trial Lawyers for inclusion in its Top 40 Under 40 Civil Plaintiff Trial Lawyers in Michigan, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to attorneys in each state or region age 40 or younger who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.
After your case is filed, the parties will engage in a process called "discovery", where each side is permitted to request relevant facts or evidence from the opposing party in an effort to build their case and prepare for trial.
You've met with your attorney and are ready to begin the case. What is the next step to getting you the compensation you deserve?
Exercise Care this Memorial Day Weekend. With so many people on the road, the potential for dangerous auto accidents is high. Take extra caution while driving. Particularly allow for more space between vehicles and time to stop. Have a wonderful, but safe, weekend!
Rear-end collisions can be particularly dangerous for Michigan drivers. If hit while stopped the injuries can be devastating. How many times have you been stopped at a light and and see the driver behind you coming up at a high rate of speed with his or her head in their phone?
Regardless of the severity of your injuries, if you were injured as a result of someone else’s negligence, you should consult with an experienced personal injury attorney to determine your rights to compensation.
Often times a prospective client will reach out to our office weeks or even months after suffering a slip and fall accident seeking to pursue a claim for damages. Sometimes the best evidence to support their claim for damages has faded, changed or been replaced. It is more difficult to re-create the scene of a fall as time passes. Here are 5 tips to help preserve the evidence of a slip and fall claim to maximize your recovery:
Whether you have a Michigan car accident case, slip and fall case, dog bite case, medical malpractice case or other personal injury case, it is likely you will experience case evaluation. In most circuit court cases requesting money damages, the parties will submit to case evaluation or a mediation conference.
The Michigan House Transportation Committee is considering a new bill that would make it illegal for Michigan drivers to use a hand-held electronic device for any purpose while driving. Currently, the law only forbids texting while driving.
Have you witnessed an injury to a close family member caused by someone else’s negligence? Did you subsequently suffer emotional distress after seeing a love one harmed? If so, you may be able to bring a claim for Negligent Infliction of Emotional Distress.
If you are involved in a Michigan auto accident, you are entitled to receive personal injury protection (PIP) benefits from the responsible no-fault insurer (usually this is your own insurance company). However, you should be aware that your auto insurance policy may have a high deductible that applies when you submit a claim for PIP benefits.
Have you ever taken your car to a repair shop for a quick oil change, tire rotation or other routine maintenance and repairs only to get the vehicle back in a worse condition than when you dropped it off? If so, the Motor Vehicle Service & Repair Act (MVSRA) may provide you relief.
Under the Michigan No-Fault Act, personal injury protection (PIP) benefits are available to anyone who sustains an injury “arising out of the ownership, operation, maintenance or use of a motor vehicle.” MCL 500.3105. In most situations, the injured person receives no-fault benefits from his or her own insurance company. However, even if you do not have a car, you can still be injured in an auto accident. A passenger or pedestrian is still entitled to no-fault benefits regardless of whether he or she was the owner, driver or even an occupant of the motor vehicle involved in the accident.
Aside from putting you at risk for serious injuries if involved in a car accident, failing to wear your seat belt could make your responsible for a civil infraction. It could also constitute negligence and reduce your tort recovery in a subsequent motor vehicle negligence case against the at-fault driver.
One important element of a dog bite claim is properly identifying the party responsible. The proper defendant in a Michigan dog bite attack is the owner, keeper or possessor of the animal. Check out our new blog post to learn the differences of each and for more information on Michigan Dog Bite law.
The Statute of Limitations sets forth the maximum time after an event in which legal proceedings can be initiated. After the statute of limitations expires, unless a legal exception applies, the injured party loses the right to file a lawsuit. Don't wait until the time period for filing your claim expires to get compensation for your injuries.
According to the Center For Disease Control And Prevention, 48 million Americans suffer from food poisoning each year, resulting in 128,000 hospitalizations and 3,000 deaths. If you have ever suffered an illness as a result of food served at a restaurant or purchased at a grocery store, you may have wondered if you could pursue a claim for damages.
If you have been injured by a third-party while on the job, you may be entitled to bring a negligence case against the responsible party in addition to receiving worker's compensation benefits. However, your employer/worker's compensation carrier may have a lien on your third-party case for benefits it paid.
Metro Detroit Injury Lawyers reached a settlement last month on a dog bite case involving an attack on a 4 year old little girl that left the child with facial lacerations and puncture wounds on her face.