METRO DETROIT Workers’ compensation LAWYER
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.