1. What benefits are available under Workers’ Compensation Law in Michigan?
Wage Loss, Medical Care and Treatment, Medical Mileage, Vocational Rehabilitation and Attendant Care Services.
2. Who is eligible to receive Workers’ Compensation benefits in Michigan?
Any worker that is employed by a Michigan employer that works at least 35 or more hours per week on average and was hurt in the course of their employment. Independent Contractors are not covered under the Michigan Workers’ Compensation Act. If you are injured at work or in the course of your employment, you should notify the employer immediately, ask to make a Workers’ Compensation claim and request immediate medical treatment.
3. Do I have a case?
If you were injured in the course of your employment, you most likely have a Workers’ Compensation claim or case. Call our office with the facts and we will be happy to give you our opinion on the matter. Typically, the strongest cases have immediate or early treatment that is frequent over a long period of time.
4. Should I retain an attorney if I am currently receiving Workers’ Compensation Benefits including lost wages, medical treatment and medical mileage?
Answer: Yes. It is advisable to have an attorney become the “watch dog” of your claim, even if benefits are currently being paid. Plus, if the benefits are cut off or disrupted for any reason, your attorney can take action immediately.
5. Can I apply for Unemployment and what affect will it have on my case?
A solid Workers’ Compensation Claim in Michigan depends on the claimant’s inability to perform all employment he or she is capable of performing based on their work history and education background combined with the limitations of their particular injury. When one collects or even applies for unemployment, he or she is holding themselves out to be available to work. This means you, as the claimant, will most likely damage your case and will receive less money.
6. Can I apply for Social Security Disability and what affect will it have on my case?
Once you apply for Social Security Disability, Medicare and Medicaid’s interests must be considered in any monetary recovery, as they will be paying for treatment for any alleged work related injury in the future. Typically, this amount is 10-15% of the gross recovery. Further, any SSD monetary benefits you receive that overlap the time period that you claim to be disabled from working due to a work related injury will be offset against any monetary recovery the Workers’ Compensation Attorney is able to recover. This means you, as the claimant, will receive less money.
7. How much are the attorney fees and how are they paid?
Attorney Fees are set and regulated by the state of Michigan. Attorney fees are 15% of the first $25,000.00 recovered and 10% of the balance if the case is litigated (filed suit) and a straight 10% if the case was not litigated. Your Workers’ Compensation attorney will be paid directly by the insurance company and will only collect a fee if your case results in a monetary settlement.
Here is a link to an official publication of the Michigan Workers’ Compensation Agency explaining benefits,etc.