In the United States, workplace injuries are an all-too-common occurrence. Workplace hazards disable over 100,000 employees each year, with 5,333 individuals killed by traumatic injuries. Occupational illnesses claim the lives of approximately 95,000 workers each year.
Injured workers face physical trauma and financial hardship from medical bills and loss of earning capacity. When a loved one suffers severe injuries, such as spinal cord damage, some families struggle financially to provide adequate care.
Michigan’s workplace compensation laws allow workers to receive a settlement for workplace injuries when they file a claim. When you need financial compensation to pay for medical expenses and wage replacement benefits, the legal team at Cochran, Kroll, & Associates, P.C. in Detroit can help you.
Not only can we help you with your workers’ compensation claim, but we can also thoroughly investigate your workplace accident and determine if you have a third-party claim. We have helped many injured workers, just like you, fight for a fair work injury settlement.
Under Michigan’s workers’ compensation laws, you can use these benefits to help with your recovery from your workplace injuries. You are entitled to the following benefits:
Under Michigan’s workers’ compensation law, an injured employee may receive up to 80% of their after-tax weekly salary. In the event of a severe injury and a loss of wages, the benefits and wages may last a lifetime.
Workers’ comp must cover the cost of any medical treatment you require because of your workplace accident. These include surgeries, transportation to and from medical appointments, and prescriptions. If you are disabled and need more help, you can also have attendant care for up to 56 hours per week and 24-hour nursing care.
A workers’ compensation claim may also entitle you to vocational rehabilitation. You can access employment counselors who can help you get back to work, find a new job, or schedule you for training opportunities.
Although many workplace injury complaints are successfully resolved through workers’ compensation, the process can be complicated, and calculating lost wages can be challenging. An experienced workers’ compensation attorney at our law firm in Detroit can help ensure the recovery of all the workers’ compensation benefits and lost wages you’re entitled to.
A worker’s compensation attorney can help you navigate the process, calculate what you’re entitled to in your workers’ comp benefits, and negotiate with the insurer. Working with a dedicated lawyer can ensure you get the best chance of getting the benefits you deserve after your accident.
To pursue a claim, you must submit the required documentation within two years of the injury occurring. You also need to notify your employer of your injury and intent to file a claim within 90 days of the accident. Gathering, filling out, and filing compensation documents can be challenging.
Your employer must also file an Employer’s Basic Report of Injury (Form 100) with the Workers’ Compensation Agency. This is a crucial part of the paper trail used when filing a compensation claim, and all parties involved in the suit should have a copy of the document.
An experienced workers’ compensation lawyer can help you navigate the complexities of the Michigan legal system and demystify confusing legal jargon.
Accepting a settlement offer from your employer’s insurance carrier may not be enough to cover the medical costs of surgery, medical examinations, and other procedures for a work-related injury. You may also require attendant care from a family member for up to 56 hours and a home care nurse if you require round-the-clock care.
A workers’ compensation attorney can help you determine the proper compensation coverage for all your benefits. The attorney can negotiate an hourly payment and the amount of attendant care for your family member with the insurance company. They may also negotiate a higher hourly rate and extra hours on your behalf if you need 24-hour nursing care.
Your loss of wages may decrease if you receive other government benefits, such as Social Security Disability. Reductions in workers’ compensation benefits start at 5%, and they may decrease by up to 50%.
If you are receiving workers’ compensation and government benefits, an experienced attorney at Cochran, Kroll & Associates, P.C. can devise a legal strategy to protect your benefits.
The employer’s insurance company may dispute that the accident report contradicts your previous medical records or that the workplace accident did not directly cause the injury. Your insurer may request that you undergo an independent medical examination (IME) with a physician they choose if they disagree with your treating physician’s diagnosis of disability.
You can contest a claim denial through a formal dispute in Michigan’s workers’ compensation system. When your workers’ compensation claim is denied, you must work with a lawyer to file a formal disagreement. A lawyer may introduce evidence to support your claim at a hearing, such as medical documents and witness testimony.
Your employer and insurance provider have 30 days to determine if you can receive benefits. You should receive a denial letter from your employer or begin receiving your benefits within 30 days.
An employer may retaliate against you by terminating your employment or delaying your claim process. State and federal laws prohibit employer retaliation against an employee. Your lawyer can investigate your case to determine whether your employer retaliated against you because you filed a workers’ comp claim.
If you are injured at work because of the negligence of a third-party, you can file a third-party claim against them. For example, you may bring a personal injury claim against the manufacturer if a defective product caused your construction site accident injury. A personal injury lawyer can help you with your third-party claim and explain your legal options.
Most on-the-job injuries are handled via workers’ compensation, but a personal injury lawsuit may sometimes be warranted. Workers’ compensation doesn’t allow compensation for pain and suffering in Michigan, but a lawsuit does. A personal injury attorney can assist you in determining additional damages to which you’re entitled if your employer, a manufacturer, or a third party’s negligence caused your injury.
You may recover the following economic damages in a lawsuit:
Non-economic damages can also involve the following:
Eileen Kroll, our senior partner, has extensive experience in the medical and legal fields. She can use her knowledge to look over medical bills, imaging, and other pieces of evidence to connect your injuries to the workplace accident. She can also speak with expert medical witnesses to discuss the severity of your injury and its impact on your quality of life.
If a worker loses their life at work, such as in a construction accident, their family can file a workers’ compensation claim. The family can receive workers’ compensation death benefits for 500 weeks and $6,000 for burial costs.
In addition, the family can seek a wrongful death claim from a third party. The family may sue for their relative’s pain and suffering from the moment of injury until death. They can also sue for loss of consortium and society from their loved one.
While most companies in Michigan are required to have workers’ compensation insurance, specific company structures are exempt. Workers’ compensation does not cover you if you work as a sole proprietor or with a partner. A limited liability company member who owns 10% or more of the company stock is ineligible for workers’ compensation coverage.
If a worker’s compensation policy exempts one or more specified spouses, children, or parents, they don’t receive workers’ compensation benefits. If you have injuries and are exempt from workers’ compensation coverage, a lawyer from Cochran, Kroll & Associates, P.C., can help you determine the specific statutes that may affect your case.
You can work with one of our lawyers at Cochran, Kroll, and Associates, P.C. for help with work injury and workers’ compensation laws. Our law firm can offer legal representation through every step of your recovery from a workplace accident.
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.
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.
Oakland County, Michigan
While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death.
A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.
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.
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.
A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million.
Wayne County, Michigan
Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure.
Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.
A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan.
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.
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.
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.
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.
Bay City, Michigan
A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.