5 Common Mistakes to Avoid when Filing a Michigan Workers’ Compensation Claim

Legally Reviewed and Edited by: Terry L. Cochran

Being injured on the job is a life-altering experience that affects your body, finances, and career potential. Although Michigan’s workers’ compensation scheme is designed to protect employees from the worst, navigating the claims process can be bewildering and filled with pitfalls.

As seasoned Michigan workers’ compensation lawyers, we’ve repeatedly watched how minor mistakes can seriously impede workers from getting the benefits they are legally due. Knowing these frequent pitfalls and how to prevent them can be the difference between a valid claim and denial, leaving you in a lurch to pay for medical treatment and lost wages.

Your case could be fresh on the books, a result of a current injury at work, or pending on the chance you might have to file in the future; this guide will help you protect your rights and attain the compensation you are legally entitled to in Michigan.

Delaying Medical Treatment and Notifying a Claim

One of the worst errors most workers make is waiting too long to receive medical attention and to notify their employer. An on-the-job accident can be confusing, and many workers illogically figure that their injury is not severe enough to qualify for prompt treatment.

Consider the example of Sarah, a factory hand in Detroit, who initially dismissed the pain in her back after lifting heavy equipment, thinking it would resolve independently. Three weeks later, when the pain became unbearable, she eventually sought medical care and reported the incident to her supervisor.

Unfortunately, this delay resulted in serious issues with her workers’ compensation claim. The insurance provider questioned whether her injury was even work-related and whether she may have gotten hurt elsewhere in the preceding weeks before receiving treatment. A Michigan workman’s compensation attorney helped Sarah fight for her benefits, but it was a much more difficult ordeal than it needed.

1. Inform your manager of any injury at work as soon as it happens, no matter how minor.
2. Seek medical treatment immediately, even if you don’t know the extent of your injury.
3. Note everything, including when, how, and where the injury occurred
4. Keep copies of all medical reports and all communications related to your injury

Remember, Michigan statute requires you to notify your employer of an injury within 90 days, but waiting until then can jeopardize your claim. The sooner you document and report your injury, the better your position will be.

Failure to Make Complete and Accurate Disclosures

The result of your workers’ compensation case often hinges on how accurately and completely you report to them. Workers unknowingly jeopardize their claims when they give partial or inconsistent information about their injury and how they acquired it. This is a typical mistake when workers try to navigate their claims without consulting a workers’ compensation attorney Michigan citizens can trust.

Take the case of Marcus, a Grand Rapids construction worker who fell off a scaffolding and suffered a knee injury. In his initial report, he did not mention that he had hurt the same knee playing basketball years ago. After this, the insurance company came out in the open during his claims process and used this to argue that his injury was pre-existing and not work-related.

To protect your claim:

1. Be complete and accurate regarding every detail of your injury
2. Reveal any prior injuries or medical issues to the affected region
3. Consistently explain how the injury happened
4. Make accurate records of your symptoms and how they interfere with your routine
5. Keep a record of all interactions with employers, insurance officials, and doctors

With an injury attorney, MI employees trust that you can receive all the necessary information without jeopardizing your rights.

Misunderstanding or Ignoring Work Restrictions

After receiving medical treatment, your healthcare provider may impose certain work restrictions to facilitate your recovery. A common mistake is misunderstanding these restrictions or feeling pressured to work beyond them. This can jeopardize your health and impact your workers’ compensation benefits.

Consider the experience of Lisa, an office worker in Lansing who suffered a repetitive stress injury. Her doctor restricted her to light typing activities for no more than four hours a day. However, feeling pressured to work as productively as ever, she put in full eight-hour workdays, resulting in a substantial worsening of her illness. Not only did this retard her recovery, but it also made it challenging for her to win her workers’ compensation case when her company argued that she had defied her medical restrictions.

To successfully cope with work restrictions:

1. Obtain all restrictions in writing from your doctor
2. Give copies to your employer and retain one for your file
3. Don’t let yourself be bullied into working beyond these restrictions
4. Keep a record of any attempts by your employer to get you to work outside of your restrictions
5. Seek the advice of a Michigan workers compensation lawyer if you are under pressure to break restrictions

Accepting a Settlement Without Legal Review

One of the costliest mistakes in filing a Michigan workers’ compensation claim is to accept a settlement offer without having it checked by an experienced attorney. Insurance companies will make settlement offers that may appear good but do not consider long-term medical needs and possible future complications.

John, a warehouse worker in Ann Arbor, injured his back and was offered a settlement of $25,000. The settlement seemed significant, but he did not know that it would be for future physical therapy, potential future surgery, and the possibility that he might never again possess the same ability to earn as he had before the injury.

After seeking advice from a workers’ compensation lawyer in Michigan, he found that his claim was worth numerous times more because the injury was permanent and would impact his future earning capacity.

Before settling for any settlement:

1. Identify the full extent of your injury and future prognosis
2. Put all of your present and potential future medical charges in tabular form
3. Account for the impact on your ability to work
4. Consider any permanent disabilities or limitations
5. Have an experienced lawyer review the offer and interpret its terms

Remember, when you sign a settlement, you generally can’t re-open your case even if your condition worsens or you discover additional medical conditions related to your injury.

Managing the Appeals Process Without Expert Help

If your first claim is turned down or you are not pleased with the given benefits, you can appeal against the decision. However, attempting to manage the appeals process without professional legal help is a grave mistake. The appeals process involves complicated legal procedures, strict deadlines, and accurate documentation requirements that overwhelm those with no legal background.

Maria, a Sterling Heights healthcare provider, was denied her workers’ compensation claim for an injury to her shoulder. Believing she could handle it independently, she missed key deadlines and failed to present medical evidence in the format the Michigan Workers’ Disability Compensation Agency had requested. When she finally spoke with a work injury attorney MI expert, some of her options for appeal had been irretrievably lost.

The appeals process involves:

1. Understanding and meeting all filing deadlines
2. Accurate collection and presentation of medical proof
3. Preparation for and attendance at hearings
4. Refuting insurance company legal positions

Operating within complex workers’ compensation laws and regulations

Having experienced legal representation throughout the appeals process can significantly enhance your chances of success and protect your rights properly.

The Importance of Expert Legal Guidance

While workers’ comp filing in Michigan is seemingly straightforward, many traps are waiting to ruin your benefits. A qualified Michigan workman’s compensation lawyer can help you sidestep these traps and get all of your rightful benefits.

An experienced workers’ compensation lawyer will:

1. Guide you through the whole claims process
2. Ensure all deadlines are met and paperwork is filed properly
3. Help obtain and present necessary medical evidence
4. Protect your rights when dealing with insurance companies
5. Negotiate fair settlements that take into account all your needs
6. Handle any appeals that are necessary in a professional manner

Remember that most workers’ compensation attorneys work on a contingency basis, meaning they get paid only if you receive benefits. This makes professional legal services accessible to injured workers irrespective of economic status.

Conclusion

Avoiding these common mistakes in filing a workers’ compensation claim in Michigan can be the difference between receiving the compensation you deserve and struggling with denied claims or inferior compensation.

While the process may seem daunting, remember you don’t have to do it alone. A skilled Michigan workers’ compensation lawyer can guide you through each step, protect your rights, and help you achieve the best outcome for your case.

If you were injured at work, do not allow these errors to taint your claim. Seek medical attention immediately, notify your employer immediately, adhere to all medical restrictions, and consider hiring an experienced workers’ compensation attorney to advocate for you throughout the claims process.

Remember that workers’ compensation aims to safeguard injured employees and provide them with financial stability and rehabilitation. By sidestepping these frequent blunders and pursuing relevant legal counsel as necessary, you can enhance your opportunity to recover the benefits available to you by Michigan statute.

Seek Support for Your Michigan Workers’ Compensation Claim

If you or someone you love needs help avoiding common mistakes when filing a Michigan workers’ compensation claim, get the legal representation you need. Speak with our compassionate, knowledgeable Cochran, Kroll, & Associates, P.C. attorneys.

We can review your case, guide you through the workers’ compensation claims process, and help you avoid critical errors that could jeopardize your benefits. Contact us today for a free, no-obligation consultation.

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.

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.