Workers’ Compensation Facts You May Not Know
Legally Reviewed and Edited by: Terry Cochran
In 2019 the Bureau of Labor Statistics reported that 2.8m nonfatal workplace injuries occurred in the private sector. Fortunately, thanks to workers’ compensation, these employees have financial assistance that covers hospital bills, medical expenses, and disability payments while they are unable to return to work.
Unsurprisingly, workers’ compensation law requirements vary from state to state. However, they also vary depending on the industry and size and structure of a business and its payroll. This can lead to some confusion, which is why we’ve compiled this list of four Michigan workers’ compensation facts you may not know.
A Closer Look at Workers’ Compensation
Workers’ compensation is a form of insurance that provides people who are hurt at work with financial assistance in exchange for the mandatory relinquishment of their right to sue their employer for tort negligence. In Michigan, all companies with more than three workers must have workers’ compensation insurance.
However, if you are injured at work due to a deliberate act by your employer specifically intended to cause you harm, you may be able to sue them.
The first American workers’ compensation act was passed in Wisconsin in 1911, and each state followed suit over the subsequent years. The last workers’ compensation law was passed in Mississippi in 1948.
Although many Americans know about workers’ compensation, they may not realize some of these facts.
1. Workers’ Compensation is “No-Fault”
This means that even if your own actions lead to your personal injury at work, you will still be covered by workers’ comp. However, there are some exceptions related to intentional acts.
2. Workers’ Compensation, State Disability Benefits, and Social Security Disability Insurance (SSDI) Are All Different
In Michigan, all employers are required to carry workers’ compensation to cover them in the event of an accident or injury at work where the employer may be liable, such as repetitive strain injury. This insurance acts as an alternative to litigation. SSDI, on the other hand, gives you financial assistance if you are unable to work due to health reasons and is not paid through the employer.
In the event that your employer and their insurance company dispute your workers’ compensation claim, state disability benefits will support you until the dispute is settled.
3. Pre-Existing Conditions May Be Covered If Worsened By Work
Generally, pre-existing conditions are not covered by workers’ compensation unless there is a change in the pathology of a pre-existing condition due to a work injury.
To prove this, you must provide reliable evidence that the change is medically distinguishable, which is complex and requires a high-quality workers’ compensation attorney. You should get in touch with an experienced workers’ compensation lawyer who can help you file a claim and get the benefits you deserve.
4. You May Be Covered While Traveling For Work
In Michigan, injured workers are not usually covered by workers’ comp when commuting to and from work unless the injury occurs on work premises. However, if you are required to travel for work and are injured during this journey, you might be covered.
It’s important to note that the injury will not be covered if it happens when you have deviated from the business travel. Proving you are eligible for workers’ compensation when traveling for work can be challenging. Each case is considered individually, and the outcome can vary depending on several different factors, including why you were traveling.
Think You Are Eligible For Workers’ Compensation?
If you have been hurt or injured on the job, you may be eligible for the compensation benefits provided by workers’ comp. At Cochran, Kroll & Associates, P.C., we can help you get the financial support you deserve.
For more information or to arrange a free consultation, call us today at 866-MICH-LAW.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.