Workers’ Compensation Lawyer Michigan

Workplace accidents are common in Michigan, with 83,600 workers suffering non-fatal injuries in 2022. Of these, more than 48,000 individuals experienced injuries that were severe enough to force time off work, a job transfer, or work restrictions.

Feeling overwhelmed and unsure about the future is natural when you’re hurt on the job. A workplace injury can disrupt your life, but pursuing a workers’ compensation claim can provide the financial support you need to regain stability and focus on your recovery.

At Cochran, Kroll & Associates, P.C., we understand how difficult this time can be. Our experienced workers’ compensation lawyers can support you after a job-related accident. Schedule a confidential, free consultation with us to learn how we can help you secure the benefits you deserve.

What is Workers’ Compensation?

Workers’ compensation is an insurance program designed to support employees who get injured or develop an illness while doing their jobs. This system, managed by state governments, helps cover medical bills and lost wages, ensuring you’re not left to shoulder the burden alone. In some cases, it even provides benefits if you face a permanent disability or if a tragic death occurs.

In most states, including Michigan, workers’ compensation coverage isn’t optional—it’s a requirement for employers with a certain number of employees. This mandatory coverage means you’re automatically protected if you get hurt at work. It’s designed to be your primary source of support for work-related injuries or illnesses, ensuring you have the resources you need during a challenging time.

Michigan Workplace Compensation

In Michigan, the Workers’ Disability Compensation Agency (WDCA), part of the Michigan Department of Labor and Economic Opportunity (LEO), manages the workers’ compensation program. Employers with 3 or more employees or just one employee working 35 hours or more per week for 13 weeks must provide workers’ comp coverage.

Most businesses get this coverage by purchasing insurance through a private insurance company or the Michigan Workers’ Compensation Placement Facility (WCPF). This ensures that if you get injured on the job, you have a financial safety net to rely on while you recover.

Workers’ Compensation Benefits

Workers’ compensation in Michigan offers a range of benefits designed to support you after a workplace injury. Here’s what you can expect:

• Medical benefits. Workers’ compensation covers all necessary medical treatments for your injury, including doctor visits, hospital care, surgeries, prescriptions, and rehabilitation services. For the first 28 days, your employer selects your healthcare provider; you can then choose your doctor.
• Wage loss benefits. When an injury prevents you from working, wage loss benefits kick in after a seven-day waiting period. These benefits typically cover about 80% of your after-tax wages, calculated based on your earnings before the injury.
• Vocational rehabilitation. Workers’ compensation may provide vocational rehabilitation services for injuries that leave you unable to work at your previous job. This can include job retraining and educational programs to help you transition into a new career.
• Specific loss benefits. An injury that results in the loss of a body part, such as a limb, eye, or hearing, might entitle you to additional compensation. The amount depends on the type and severity of the loss.
• Permanent disability benefits. Long-term compensation may be available for injuries that lead to a permanent disability. The amount and duration of these benefits depend on the seriousness of the disability and its impact on your ability to work.

What Makes You Eligible for Workers’ Compensation?

Workers’ comp is a no-fault insurance benefit, meaning that if you get injured at work, you’re covered by workers’ compensation regardless of who is responsible. The workers’ compensation system can provide crucial support after a work-related injury or illness, helping you get back on your feet. However, you must meet specific criteria to qualify for these benefits.

Employment Status

You must be classified as an employee to be eligible for workers’ compensation. This coverage generally includes full-time employees at businesses with 3 or more employees and part-time employees who have worked at least 35 hours per week for 13 weeks in the previous year.

Workers’ compensation also covers public employees such as government workers and those working in high-risk industries like construction or manufacturing.

Circumstances of the Injury or Illness

For workers’ compensation to apply, the injury or illness must be related to your work. For example, developing carpal tunnel syndrome from repetitive tasks like typing or suffering a back strain from lifting heavy boxes in a warehouse both qualify.

Common Accidents and Behaviors That Lead to Workplace Compensation

Workers in Michigan’s manufacturing, automotive, and healthcare industries face unique risks on the job. Some everyday situations that can lead to workplace injuries include:

• Slip and falls. Wet floors or uneven surfaces, especially in manufacturing plants or construction sites, can cause injuries like sprains, fractures, or concussions. These injuries can require lengthy recovery times along with rehabilitation or surgery to
• Overexertion and repetitive strain. Jobs that involve heavy lifting or repetitive tasks, whether in construction or office settings, often lead to chronic issues like back injuries or carpal tunnel syndrome. Musculoskeletal injuries may develop gradually and impact a worker’s ability to perform daily tasks like typing.
• Machinery and equipment accidents. In industries like manufacturing and farming, working with heavy machinery can result in serious injuries, such as amputations or crush injuries. These incidents may require hospitalization, removal of damaged limbs, and rehabilitation.
• Vehicle-related accidents. Workers who drive as part of their job, such as truckers or delivery drivers, face the risk of vehicle collisions. Work-related vehicle accidents can range from minor injuries to serious harm like broken bones or head trauma.
• Exposure to hazardous substances. In environments like chemical plants or laboratories, workers might develop long-term health issues such as respiratory conditions or skin diseases due to exposure to harmful chemicals. Over time, these exposures can lead to chronic illnesses that require ongoing medical treatment.
• Falling objects. On construction sites or in warehouses, unsecured tools or materials can fall, leading to serious injuries like head trauma or broken bones. For workers stationed below elevated areas like shelving or platforms, the risk of being struck by falling objects can increase.
• Workplace violence. In high-stress roles, such as healthcare or retail, employees may encounter violent situations that result in physical injuries. These incidents can cause immediate harm and may also lead to long-term emotional and psychological effects.

What Injuries Do Not Qualify for Workers’ Compensation Benefits?

While workers’ compensation covers many job-related injuries, there are certain situations where your injuries might be ineligible for benefits. You may not receive workers’ compensation in the following scenarios:

How To File Your Workers’ Compensation Claim

When a workplace injury happens, act quickly to ensure you receive the support you need. Filing your workers’ comp claim as soon as possible will help you get the benefits you are entitled to receive.

Step 1: Report the Injury Right Away

While Michigan law gives you up to 90 days to report an injury, doing so immediately helps avoid potential complications. Provide a detailed account, including the incident’s date, time, and location, and keep a written record of your report.

Step 2: Seek Medical Attention

Your employer will choose your healthcare provider for the first 28 days after your injury. After that, you can pick your doctor—but remember, you must inform your employer and their insurance company about the change. Follow all prescribed treatments to support your claim.

Step 3: File Your Claim

Your employer is responsible for filing a Form WC-100 with the WDCA once they know about your injury. If they don’t, you can file the claim online or by submitting a paper form. You must do this within two years from the date of injury or when you discovered your injury or illness was work-related (in the case of an illness or delayed diagnosis).

Step 4: Keep Thorough Documentation

Keep all documents related to your injury and claim, including medical records, communication with your employer, and any forms submitted to the WDCA. This paperwork is essential, especially if there’s a dispute or you need to appeal a decision.

Step 5: Follow Up on Your Claim

After your claim is filed, stay in touch with your employer’s insurance company to keep track of its progress. You may sometimes run into delays or problems—reach out to a Michigan workman’s comp attorney who specializes in this area. They can help you navigate these challenges and get your case the attention it deserves.

Common Reasons for Claim Denials

Workers’ comp claims are usually straightforward, but issues can arise that lead to denials. Late reporting is a common problem—waiting beyond Michigan’s 90-day limit can weaken your claim by making it harder to link your injury to work. Insufficient medical evidence is another issue; vague records or delays in treatment can undermine your case.

Disputes over whether the injury happened at work can lead to denial. Pre-existing conditions can complicate claims if you can’t prove that work worsened the issue. Also, inconsistent statements about how the injury happened can create doubt and result in a denied claim. Working with a skilled workers’ comp attorney can help you address these common pitfalls and secure your benefits.

Why You Need a Michigan Workers’ Compensation Lawyer

Filing a workers’ compensation claim on your own can leave you unsure if you’re completing the right forms or submitting the right documentation for your injuries. For peace of mind, work with our qualified workers’ compensation lawyers in Michigan at Cochran, Kroll, & Associates, P.C. We will guide you every step of the way, offering invaluable support for your workers’ compensation case:

• Strong legal experience. Our workers’ compensation attorneys are skilled in handling Michigan’s workers’ compensation claims and have a strong track record of helping clients get what they’re owed. When you meet with us, we explain your rights, help you understand the filing process, and help you receive your entitled benefits.
• Maximizing benefits. Insurance companies often attempt to minimize payouts, leaving you with less than you deserve. A workers’ compensation lawyer in Michigan at our law firm advocates on your behalf, negotiating with insurers to secure your full benefits, including accurate wage loss calculations and medical coverage.
• Resolving disputes. Disagreements over the extent of injuries or eligibility for benefits can lead to claim denials. Our team builds a strong case for you, using evidence and expert testimony to support your claim, and represents you during hearings and appeals.
• Handling paperwork and deadlines. Filing a workers’ compensation claim involves complicated paperwork, including medical records and legal documents. Your attorney ensures all paperwork is completed accurately and submitted on time, preventing delays or denials due to technical errors.
• Eileen Kroll’s medical expertise. Eileen Kroll, a senior partner at our law firm, uses her medical background to understand the impact of your injuries. Eileen works with experts to determine your maximum medical improvement. This ensures that your needs are fully recognized so you can receive the benefits that reflect your situation.

Recover Compensation for Your Workplace Injury

Hiring an experienced lawyer can help you win a fair compensation settlement if you’ve suffered a work-related injury. At Cochran, Kroll & Associates, P.C., we have a proven track record of winning settlements and judgments for our workplace injury clients, such as $125,000 for a construction worker in Detroit and $1.25 million for a construction worker in Flint.

We know Michigan’s compensation laws and will use this knowledge to gather all the necessary medical exams to present your injury in the best possible light for a maximum settlement. We’ll ensure your claim is filed on time so you won’t miss out on the benefits you deserve. Contact our workers’ compensation lawyers in Michigan today for a free consultation, and let’s start getting you the support you need.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

FAQs:

Who pays my medical bills after a work injury?

Your employer’s workers’ compensation insurance covers all necessary medical bills related to the injury. You won’t pay out of pocket for treatments linked to the work-related injury. However, you must use their designated medical provider for the first 28 days of treatment or you may lose your benefits.

How long do I have to be off work to receive benefits?

Your benefits start after you’ve been off work for 7 days due to your injury. If your disability extends beyond 14 days, you’ll also get paid for those first seven days.

How much do I get paid for my lost wages?

You’ll usually receive about 80% of your standard wages. You could receive a supplement if this amount is less than two-thirds of your usual weekly pay. For injuries related to an assault, you could be eligible for full wage replacement for up to 100 weeks.

What do I get paid if I am totally disabled from working?

For total disability, benefits usually cover 80% of your after-tax wages, continuing as long as you have the disability. You may also qualify for other benefits, such as long-term disability through your employer or Social Security Disability Insurance (SSDI), depending on your situation.

Can I be fired while on workers’ compensation in Michigan?

Employers cannot fire you for filing a workers’ compensation claim; however, they can terminate you for other reasons, such as poor work performance unrelated to your injuries.

What happens if my company did not have insurance?

You may file a personal injury claim in civil court for damages or seek benefits through the Michigan Workers’ Compensation Placement Facility. A workers’ compensation attorney can help you understand your legal options.

Am I required to pay income tax on my workers’ compensation benefits?

Under Michigan statute 141.632, you don’t have to pay federal or state taxes on workers’ compensation benefits.

Can I get pain and suffering compensation for my injury?

Workers’ compensation in Michigan does not cover pain and suffering; it only covers medical expenses and lost wages. However, you might be able to seek pain and suffering damages against a third party in a personal injury lawsuit.

What are the most common reasons for denying work comp claims?

Claims often get denied because of errors with documentation or paperwork—you didn’t report the injury quickly enough or submit enough medical evidence to connect it to your job. Sometimes, an employer may deny your claim due to questions about whether the injury was job-related or due to a pre-existing medical condition.

What happens if my claim is denied?

If your claim is denied, you can speak with your claim adjuster to try to resolve the issue or contact the WCA. You and your attorney may also file an appeal to have your case reviewed and present additional evidence to support your claim.