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Am I Eligible For Workers Compensation in Michigan?

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Workers compensation is a type of insurance that pays medical benefits and and wage replacements to employees who have been injured on the job. Before this benefit program, employees were forced to sue their employer and prove that the employer was at fault for the injury. This was extremely hard for employees to prove and also took much longer to receive benefits if any at all. With the workers compensation program, it is much easier to receive the benefits needed because it does not matter who was at fault as long as the injury or illness is directly related to the job itself.

In Michigan, anyone who is injured or ill is able to receive wage replacement, rehab, and medical benefits. All medical expenses are typically covered and the wage replacement is usually about 80% of the employee’s average weekly wage. Death benefits are also available for those who have fatal injuries, illnesses or permanent disabilities. In order to apply you need to simply report the injury to your employer which is then reported to the state compensation agency. After that you wait for approval or denial. If denied you can appeal it. In order to really know what your case is worth, it is important to have and experienced personal injury attorney to help protect you and guide you through the process. Be sure to make sure that you are covered underneath the company you work for to keep yourself protected in the future.

Can the Insurance Carrier Suspend or Modify My Michigan Workers’ Compensation Cash Benefits?

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Can the Insurance Carrier Suspend or Modify My Michigan Workers’ Compensation Cash Benefits?

If you are a worker in the State of Michigan and you suffer a job related injury or illness you may be entitled to workers’ compensation benefits. Your benefits may include both medical treatment and wage replacement benefits. Wage replacement benefits are cash benefits that are intended to replace the wages you would earn if you had not suffered the injury or illness. Once you are approved for benefits, your cash benefits could suddenly stop or be modified. This may lead you to ask “ Can the insurance carrier suspend or modify my Michigan workers’ compensation cash benefits? ”

The answer to that question is that yes, your Michigan workers’ compensation cash benefits could be suspended or modified, but not without a legitimate reason. There are several legitimate reasons why your wage replacement benefits could be suspended or modified, including, but not limited to:

 

  • You are able to return to work – if your treating physician believes you are able to return to work, either full-time or part-time, a report will be filed with the insurance carrier indicating that you can return to work. Your benefits may ts
  • You are not cooperating with treatment – as a claimant, you have the right to request a second opinion or question recommended treatment; however, if you simply refuse treatment altogether the insurance carrier will eventually suspend your benefits.
  • You are receiving other benefits – if you begin receiving benefits such as SSDI, SSI, or retirement benefits your workers’ compensation benefits could be modified accordingly.
  • You have received the maximum allowable benefits – there is a cap to the number of weeks some types of benefits are payable. If you reach the maximum number of weeks your benefits could be suspended.

 

While there are legitimate reasons for suspending or modifying Michigan workers’ compensation benefits, it is also common for benefits to be suspended or modified in error. For this reason, you should always check with your Michigan workers’ compensation attorney immediately if there is a change in your benefit amount or if your benefits stop altogether.

If you have specific questions or concerns, contact the experienced Michigan workers’ compensation attorneys at Slusky and Walt, the American Benefit Experts, by calling 1-800-ABE-HELPS (1-800-223-4357) today to schedule your free consultation.

Do I Have A Valid Michigan Workers’ Compensation Claim?

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Do I Have A Valid Michigan Workers’ Compensation Claim?

Workplace accidents and work related illnesses occur far more often than most people realize. Sometimes the injuries are minor and the illness not serious; however, all too often a worker suffers serious injuries or a debilitating illness as a result of his or her employment. If you sustain injuries in a Michigan workplace accident, or you believe your illness is a result of your employment, you could be entitled to benefits from the Michigan workers’ compensation system. First, you must determine if you have a valid Michigan workers’ compensation claim.

The Michigan workers’ compensation system provides benefits to workers who are suffering a workplace injury or illness. The benefits available include medical treatment, wage loss replacement, and even things such as rehabilitation or death benefits when appropriate. The first step in determining if you have a valid claim is to determine if you are a covered worker.

Most, but not all, workers in Michigan are covered by the Michigan workers’ compensation system. Some common situations where you may be exempted from workers’  compensation include:

  • Workers covered by the federal workers’ compensation
  • Workers who work for a very small company
  • Agricultural workers
  • Some family members
  • Independent contractors

Next, you must ask yourself if your injury or illness “arose out of and in the course of the employment”. Only injuries and illnesses that satisfy that test are covered by workers’ compensation. For the most part, injuries sustained while at work are clearly work related; however, there are some common situations where it is not so clear. For example, if you were driving to work in the morning and you were involved in a car accident, the injuries clearly did not “arise out of and in the course of the employment” and are not eligible for workers’ compensation benefits. If, however, your boss called you and asked you to stop and pick up some office supplies on the way to work, would the injuries sustained in the car accident be covered by workers’ compensation? These scenarios are harder to analyze; however, there is a good chance you would be covered.

Because it can be complicated to navigate the Michigan workers’ compensation system it is best to consult with an experienced Michigan workers’ compensation attorney right away if you believe you have suffered a compensable injury or illness.

Michigan Workers’ Compensation Death Benefits

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Michigan Workers’ Compensation Death Benefits

Unfortunately, workplace accidents occur far more often than most people realize in the United States. In most cases, those accidents result in injuries that can be treated; however, sometimes a workplace accident or even a work related illness results in death. When that occurs, survivors may be entitled to death benefits from the Michigan workers’ compensation system. If you lost a spouse or parent to a workplace accident or illness you could be entitled to those benefits. Only an experienced Michigan workers’ compensation attorney can evaluate your specific situation and provide individualized advice and guidance; however, a basic understanding of the benefits that may be available to you as a survivor is a good place to start.

 

First, the estate of the decedent is entitled to a burial allowance of $6,000. That benefit applies even if there are no qualified survivors. In addition, survivors who qualify as a dependent of the fatally injured worker may also be entitled to wage loss benefits. Children of the decedent are presumed to have been dependent on the deceased worker. Anyone else, including a spouse, must prove that they were actually dependent on the deceased worker to be entitled to benefits. It is possible to have been only partially dependent on a decedent. In that case, you would receive benefits but at a reduced rate.

 

Wage loss benefits that a dependent is entitled to are usually calculated in the same manner a wage loss benefits payable to an injured worker. That is to say that a dependent would receive 80 percent of the after-tax value of the deceased worker’s wages at the time of the injury or illness. There is, however, a minimum benefit amount that is equal to 50 percent of the state average weekly wage at the time of the injury or illness.

 

For all dependents except a minor child, death benefits are paid for up to 500 weeks. The number of weeks benefits are paid is reduced if the worker received any benefits prior to his or her death. For minor children, benefits typically continue until age 18; however, it is not uncommon for a court to order benefits to continue until age 21, or longer if the child is physically or mentally incapacitated.

 

Death benefits can dramatically ease the financial hardship caused by the loss of a family member; however, navigating the Michigan workers’ compensation system to get approved for those benefits can be difficult. If you believe that you qualify for death benefits as a survivor, consult with an experienced Michigan workers’ compensation attorney as soon as possible.

What Is a Contingent Fee?

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What Is a Contingent Fee?

For the average person, one of the biggest concerns they have when faced with a legal problem is how to afford the services of an attorney. After all, experienced and skilled legal representation is not usually free. Fortunately, for certain types of legal matters attorneys routinely accept payment in the form of a contingent fee instead of charging a flat fee or charging by the hour. Understanding what a contingent fee is and how it applies to your case is important if your attorney is accepting a contingent fee as payment.

Attorneys typically collect their fees using one of three methods – flat fee, hourly rate, or a contingent fee. A flat fee payment arrangement means that the attorneys has agreed to represent you for the duration of a case, or to complete a legal matter, for a pre-determined fee that will not change regardless of the time it takes to conclude the matter. An attorney might, for example, charge you X dollars to prepare a Last Will and Testament or to represent you in a criminal prosecution. You may be required to pay the entire fee upfront or be allowed to make payments.

When an attorney charges you an hourly rate it means the attorney will keep track of all the time your attorney as well as his or her staff spends on your legal matter. You are then charged for that time at the agreed upon hourly rate. Typically, when you are charged by the hour you will be required to pay a retainer fee up front. Time spent on your case is then charged against the retainer fee until it runs out at which point you will need to replenish the fee fund. Most civil litigation is charged using an hourly rate fee.

In both the flat fee and hourly rate arrangements a client must have money up front for the attorney. When an attorney’s fee is based on a contingency fee arrangement, however, the client is not required to pay anything up front. Personal injury cases, for example, usually use a contingency fee. Instead of paying anything up front you agree to give the attorney a percentage of the settlement or award money if the attorney is successful. For example, imagine that you were in a car accident and you hired an attorney to sue the at fault driver. The attorney is able to negotiate a settlement for $80,000. Your contingency fee arrangement calls for the attorney to earn 30 percent, or $24,000. Keep in mind, however, that doctor bills and other expenses may need to be paid first.

Contingency fee arrangements are also common in workers’ compensation cases and federal benefit cases, such as SSI and SSDI. Although the rate cannot change once it has been agreed upon, it is not unusual for an attorney to charge a higher percentage if the case goes to trial or is appealed to a higher court. If you enter into a contingency fee arrangement with a Michigan personal injury attorney be sure that you understand the terms before moving forward.

What Happens If a Workers’ Compensation Claim Is Denied in Michigan?

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What Happens If a Workers’ Compensation Claim Is Denied in Michigan?

If you have suffered a workplace accident or illness in Michigan you may be entitled to benefits from the Michigan workers’ compensation system. In theory, filing for benefits and getting that application approved should be easy. In reality, however, navigating the workers’ compensation system can be difficult, particularly if your original claim for benefits is denied. It is always in your best interests to consult with an experienced Michigan workers ‘compensation attorney to discuss the specifics of your  case; however, a basic understanding of what happens if a workers’ compensation claim is denied in Michigan may be helpful in the meantime.

If you are injured on the job, or believe you are suffering a job related illness, you should report your injury or illness to your employer immediately. Typically, your employer then files a claim for benefits with the employer’s workers’ compensation insurance carrier. If your employer does not file a claim for you it may become necessary to file one yourself with the Michigan Workers’ Compensation Agency. Shortly after your claim is filed you should receive either an approval or a denial. A claim may be denied for a number of reasons, including, but not limited to:

  • Employer claims you are not a covered worker
  • Employer claims your injury/illness is not job related
  • Employer  claims it is a pre-existing condition
  • Employer claims the illness/injury is not covered
  • Technicalities (insufficient information, form missing etc.)

If you receive a Notice of Denial you have the right to appeal the denial. To do so you must notify the Agency of your intention to appeal. Some appeals go directly to mediation, including the following:

  • Your claim concerns a definite period of time and you have returned to work.
  • Your claim is for medical benefits only.
  • You are not represented by an attorney.
  • The Agency determines that the dispute may be resolved by mediation.

Claims that do not meet the above criteria will go directly to the Michigan Workers’ Compensation Appellate Commission, or MWAC. In addition, if you went through mediation and do not agree with the decisions reached during mediation you may also appeal to the MWAC. At the MWAC stage your case will be heard by a magistrate, someone who is similar to a judge. A trial will occur during which you may present evidence in support of your claim for benefits. Likewise, your employer will present evidence in support of the denial of benefits. If the magistrate upholds the denial, you then have the right to appeal to the Michigan Court of Appeals and the Michigan Supreme Court.

Getting a claim approved becomes more difficult the farther you climb up the appeals ladder. For this reason, it is best to consult with an experienced Michigan workers’ compensation attorney early on in the process.

Free Report: Michigan Workers’ Compensation: A Basic Guide

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Michigan Workers Compensation A Basic Guide

If you are like most workers, you go to work each day without being overly concerned about being involved in a workplace accident or suffering from an illness related to your work. Unfortunately, however, workplace accidents and illness happen far more frequently than most people realize.

Topics covered in this report include:

  1. What Is Workers’ Compensation in Michigan?
  2. Are you a Covered Worker?
  3. Michigan Workers’ Compensation Benefits
  4.  Applying for Michigan Workers’ Compensation Benefits

Click here to read the whole article or download the PDF.

 

Southfield Workers’ Compensation: Types of Compensation Available for a Claim

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southfield workers' compensationA Michigan workplace accident can happen anytime to anyone. Some accidents cause only minor injuries; however, a workplace accident can cause serious, even life-threatening injuries. If you have been injured in a Southfield workplace accident, or you believe an illness or medical condition you suffer from was caused by your workplace, you could be entitled to Southfield workers’ compensation benefits. For specific advice and guidance, contact an experienced Southfield workers’ compensation attorney; however, some general information about the type of compensation available for a Michigan workers’ compensation claim may be helpful in the meantime.

The Southfield workers’ compensation system is a no-fault system. This means that a worker who has suffered a workplace injury or illness is not required to prove fault on the part of the employer to be entitled to benefits. If you are an covered employee and you suffered an on the job injury, or you suffer an illness or medical condition caused by your employment, you should be entitled to benefits.

Benefits available for a Southfield workers’ compensation claim fall into two categories – medical and wage replacement benefits.  Medical benefits cover the cost of treating your injury or illness. Wage replacement benefits are intended to provide you with financial benefits to replacement your regular wages during the time that you are unable to work as a result of the injury or illness. There is a seven day waiting period before you are entitled to wage replacement benefits; however, if you injury or illness lasts more than 14 days you will be reimbursed for the first seven days as well. The amount of your weekly wage replacement benefits will depend on how much you made prior to the injury or illness. Your benefits are calculated based on your average weekly wage, or AWW, prior to the claim being filed. You will receive two-thirds of your AWW in wage replacement benefits.

In theory, getting a Southfield workers’ compensation claim approved should be simple; however, claims are frequently denied for a variety of reasons. Because you, and your family if you have one, are likely counting on the benefits offered by the workers’ compensation system it is best to consult with an experienced Southfield workers’ compensation attorney as soon as you have reason to believe you are entitled to benefits.

To learn more, please download our free Michigan Workers’ Compensation here.

Slusky & Walt, P.C.

Attorneys at Law
248-559-9100

Southfield

17515 West Nine Mile Road, Suite 400 Southfield, MI 48075

Flint

G-4030 Corunna Road Flint, MI 48532

Saginaw

1024 N. Michigan Ave. Saginaw, MI 48602

Romulus

36830 Goddard Road Romulus, MI 48174

East Side Location

25501 Van Dyke Centerline, MI 48015

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