Michigan Workers’ Compensation Rehabilitation Benefits
If a workplace injury prevents you from returning to your previous job, Michigan’s workers’ compensation laws entitle you to obtain vocational rehabilitation services. These services can help you return to your previous job with accommodations, transition into a new position, or obtain the education required to move into a new field.
Cochran, Kroll & Associates, P.C. assists injured workers who are being wrongfully denied their rehabilitation benefits. Our attorneys have represented many victims of workplace injuries and helped them obtain the workers’ comp and rehabilitation benefits they are owed.
Who Can Receive Rehabilitation Benefits?
In Michigan, all injured workers are eligible for vocational rehabilitation benefits if their injury prevents them from returning to their previous job. Your employer’s workers’ compensation insurance will pay for up to one year of vocational rehabilitation services. In some cases, they may extend your coverage to two years.
Although all workers’ compensation benefits packages provide vocational rehabilitation, some companies do not make their employees aware of this benefit. You may need to inquire with your employer or HR department to obtain your rehabilitation benefits if you’re injured on the job.
If you are struggling to receive vocational rehabilitation, the workers’ comp lawyers at Cochran, Kroll & Associates, P.C. can help you obtain the benefits you’re owed.
Types of Rehabilitation Benefits
The rehabilitation benefits you are provided may vary depending on your needs. All employees receiving vocational rehabilitation are entitled to the following services as necessary.
If you receive rehabilitation services, you will speak with a vocational rehabilitation counselor who will assess your needs. This counselor can help you plan to return to the workforce, which may mean returning to your previous job with accommodations or finding a new position.
Some people can perform their previous job duties with reasonable accommodations and disability adaptations. If you can complete your job with appropriate adaptations for your needs, these adaptive services and equipment will be covered by vocational rehabilitation.
Your workers’ comp program may cover adaptations that are not strictly considered vocational rehabilitation. For example, a work injury causes you to lose an arm, and your previous job requires two hands. Your workers’ compensation benefits may cover the cost of a prosthetic arm, allowing you to return to work.
You may need to temporarily or permanently transfer to another role due to your injury. If the role requires training, you are entitled to on-the-job training services as part of your rehabilitation benefits.
Job Placement Assistance
If your employer does not have an open role for you, your vocational rehabilitation counselor will assist you in your job search. They will help you find a job that matches your current skills or that you can learn through employer-provided training.
Some injuries or disabilities may allow you to work but prevent you from returning to your previous industry. In such situations, you may be able to pursue further education that will allow you to obtain another job. Vocational rehabilitation services will provide tuition reimbursement for up to 52 weeks.
While your employer’s insurance company covers all rehabilitation benefits, many insurers will unfairly deny such benefits to avoid paying. The workers’ compensation attorneys at Cochran, Kroll & Associates, P.C. will review your accident and ensure you receive the compensation you’re owed.
Your Rights During Vocational Rehabilitation
Michigan grants several rights to all employees on workers’ comp, including those receiving vocational rehabilitation. If you are receiving workers’ compensation benefits, you have the right to:
- Make decisions regarding your rehabilitation. While your employer is not required to hold your job or find a position for you, your rehabilitation counselor cannot unilaterally make an employment- or rehabilitation-related decision on your behalf.
- Have your medical needs considered. If your injury or disability requires reasonable accommodations, your rehabilitation counselor should account for those needs in any plans or employment opportunities they discuss with you.
- Be employed in jobs that match your skills and abilities. Your rehabilitation counselor should help you locate and apply for work you are qualified for. They cannot transfer you to a low-skill job like telemarketing or a subsidized role that does not teach you new skills.
- Receive compensation for lost wages. When an injury prevents you from returning to work for at least one week, you are entitled to wage loss benefits. Michigan allows you to recover up to 80% of your post-tax average weekly wages earned, though they are subject to a maximum rate of 90% of the state average.
- Be compensated for wage differences. If your new job pays less than the job you had before the injury, you can be compensated for the difference between your past and current wage.
While you also have the right to seek legal advice as needed, your rehabilitation counselor cannot provide legal guidance. Instead, speak with the attorneys at Cochran, Kroll & Associates, P.C. for assistance. Our skilled legal team can investigate whether your rights are being upheld and take legal action if they have been violated.
Can My Employer Deny Me Rehabilitation Services?
In some situations, your employer has the right to deny you vocational rehabilitation. For example, if you reject an offer of light-duty work, you will typically become ineligible for workers’ comp benefits, including vocational rehabilitation.
However, your employer and its insurer must have a valid reason to deny services. The insurance company cannot reject your request for rehabilitation services just because they do not want to provide them. Similarly, your employer cannot prevent you from applying for or using rehabilitation services or fire you for requesting them.
If your request for rehabilitation services was denied, contact the lawyers at Cochran, Kroll & Associates, P.C. Our attorneys will review your case, determine whether you are entitled to receive vocational rehabilitation services, and help you appeal the denied claim.
Obtain the Rehabilitation Benefits You’re Owed with Cochran, Kroll & Associates, P.C.
If you were wrongfully denied vocational rehabilitation or other workers’ compensation benefits, the Michigan workers’ comp lawyers at Cochran, Kroll & Associates, P.C. can help you receive the services you deserve. Our many years of representing work injury victims mean we are familiar with Michigan’s workers’ comp laws and your legal rights.
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.
RESULTS-DRIVEN TRACK RECORD
Medical Malpractice / Birth Injury
A young couple from Monroe, Michigan, was awarded a $15.8 million verdict as the result of their baby son, Jason, being inflicted with Cerebral Palsy as the result of an error during the final stages of a labor.
Result: $15.8 Million
Medical Malpractice/Wrongful Death
Oakland County, Michigan
While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death.
Result: $1 Million
Accidents & Injuries/Brain Injury
A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.
Result: $1.4 Million
Medical Malpractice / Misdiagnosis
Wayne County, Michigan
Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours.
Result: $9 Million
Accidents & Injuries/Auto Accident
Tuscola County, Michigan
A Tuscola County jury awarded $3.3 million to a severely brain injured motorist as the result of a defective Michigan highway.
Result: $3.3 Million
Accidents & Injuries/Construction Site Injury
A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million.
Result: $1.25 Million
Wayne County, Michigan
Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure.
Result: $1.9 Million
Medical Malpractice / Birth Trauma
Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.
Result: $3.8 Million
Accidents & Injuries/Construction Site/Workplace Injury
A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan.
Result: $1.5 Million
Accidents & Injuries/Truck Accident
A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck.
Result: $1.3 Million
Medical Malpractice/Cancer Misdiagnosis
The misdiagnosis of breast cancer resulted in a Redford, Michigan, woman recovering $225,000.
A construction worker redeemed his worker’s compensation case for $125,000 in Detroit, Michigan.
Accidents & Injuries/Auto Accident
A paraplegic woman from Monroe, Michigan, recovered Michigan no-fault benefits including the purchase of a new home and attendant care in excess of $400,000.
Medical Malpractice/Birth Injury
Brighton, Michigan; Detroit, Michigan
A Brighton family recovered $1.3 million and a Detroit family recovered $900,000 as the result of birth injuries and medical malpractice to their children.
Accidents & Injuries/Auto Accident
Bay City, Michigan
A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.