Workers' compensation is a social insurance program intended to compensate injured employees hurt while working on the job. A Michigan workers compensation attorney will work with you to ensure you receive all the compensation you deserve for your lost wages, medical bills, and more. The idea behind the program is simple and based upon the employer and employee relationship. Regardless of fault or negligence, the employer will provide fast and effective medical treatment for any employee that was hurt during their own line of work on the job. In return for this quality medical treatment, the employees are prevented from bringing a lawsuit against the company. On most occasions, this process runs smoothly and both parties are happy. Unfortunately, there are instances when the employer and the employee disagree about different aspects of the injury. For example, the employer may believe that the employee sustained injuries when he wasn't actually working.
What is Workers Compensation Law in Michigan? What is My Employer Responsible For?
Under the Michigan Workers´ Disability Compensation Act, almost all Michigan employers are required to carry workers´ compensation insurance, to cover an employee who suffers an injury arising out of and in the course of employment. A Michigan worker who is hurt on the job is entitled to benefits for wage loss, life time medical treatment, and rehabilitation services resulting from the Michigan work-related injury. Under Michigan law, workers´ compensation wage loss benefits are 80% of the after-tax value of your average weekly wage. There are some complicated features to calculating wage loss benefits. When a worker's weekly salary varies from week to week, wage loss benefits are based on the average of the 39 highest paid weeks in the last 52 weeks. If an injured worker returns to work part-time, or at a lower-paying job, that individual still may be eligible for partial wage loss benefits, to cover part of the difference between the amount he or she earned before and after the work-related injury. Michigan workers´ compensation pays for all medical care that is reasonable and necessary for treatment of a work-related injury, for as long as the worker requires treatment. Thus, a worker with a serious or chronic injury may be eligible for these medical benefits for years, or even for the rest of his or her life.
What If There Is a Dispute With My Employer About The Workers Compensation Claim?
However, many times disputes with your employer may arise about what is reasonable and necessary treatment. Also many times Employers will tell you not to fill out an incident report that under Michigan Law needs to be filled out and given to your employer to receive workers compensation benefits. Additionally, the formulas for calculating your benefits can be very complex and confusing. For these reasons and many others you should enlist the help of an experienced Lansing workers' compensation attorney such as David M. Clark and the attorneys at The Clark law Office to help you get the benefits you deserve. Seek the legal guidance that you need to complete and file a worker's compensation complaint and receive the results that you are owed. We will file the complaint and have it filed with the Workers Compensation Bureau usually the day of your appointment.
What About Seeking Alternate Work After My Claim as a Result of My Work Related Injury?
Hiring a Michigan Workers Compensation Attorney can drastically improve your chances of receiving compensation for your work related injury. Many victims do not know that under workers' compensation law, the employer is required to send out a notice to the injured worker stating whether they have modified or alternate work available. Many times workers that are injured on the job are incapable of performing the task that they were able to do before the injury took place and are offered a job that now accommodates their reduced physical abilities. This creates incentive for the employing company to keep the injured worker as part of their staff. Unfortunately, the employee has no duty to supply a job to the injured worker. They simply must inform the victim if there is any alternative work available. Many companies need to hire workers to fill positions that require heavy physical labor and may not have any openings to an injured worker without any real experience performing a different job.
Vocational Rehabilitation for Employees Injured on the Job
Many employees that have suffered from a work related injury have a hard time finding employment due to their decreased physical or mental abilities. Even though a full recovery is within sight, employers aren't always lenient when it comes to not working. A job an injured employee was previously qualified to perform may no longer be the case. A Michigan workers compensation attorney can help you find a job and most importantly find you a qualified rehabilitation counselor who can give you counseling, guidance, retraining, and even job placement help. There are no guarantees with a rehabilitation counselor, but they try to find you a job that is similar to your pre-injury position if possible. You will be reimbursed for all the expenses required in helping you find a job including various travel costs and expenses, meetings with your personal counselor, training, and help with job applications. If you are having a hard time finding a job after your work related injury, try finding a trusted vocational rehabilitation counselor that can help you.
What Are Supplemental Job Displacement Benefits?
Supplemental job displacement benefits are intended to help workers who have been injured and need additional education in order to switch job occupations and acquire the knowledge necessary to earn an income. A Michigan workers compensation attorney can help you with your case if you need help after a job displacement as a result of a work related injury. If you qualify for supplemental job displacement benefits, you will receive a voucher which can be used at any state approved school. In order to qualify you must meet 3 conditions. First, your injury must result in a permanent disability. 2nd, you must not be capable of returning to work after 60 days since your last temporary disability payment. Lastly, the company you work for is unable to offer modified work. The amount of the voucher is directly related to your level of permanent disability. The minimum voucher amount is for $4000 and the maximum voucher amount is $10,000.
Contact a Lansing Workers Compensation Lawyer To Protect Your Rights
If you or a loved one has suffered a workplace injury, it is important to talk with a Lansing workers' compensation lawyer with experience in Michigan workers' compensation law. If you have questions about whether you are getting the amount of wage loss benefits that the law requires contact our Michigan Workers' Compensation Lawyers at The Clark Law Office for a free consultation at 517-347-6900.
