Answering Common Workers’ Compensation Questions
At Miller Cohen, P.L.C., we know a workers’ compensation matter brings up many questions and concerns. Our attorneys are here to give you all the information you need if you were hurt at work, starting with the answers to the following frequently asked questions.
Is My Injury Covered?
While a broad range of incidents and injuries are covered by workers’ compensation, in Michigan, there are some exceptions. If your injury was personal, result of a fight, occurred outside work, you are unlikely to be awarded benefits. You may also be denied coverage if you were drunk, high or violating company policy at the time of your accident.
What Is Included?
Workers’ compensation includes:
- Lost income
- Medical treatment
- Long-term care for permanent injuries
- Retraining expenses
- Compensation for families of workers killed on the job
You can expect to receive 80% of your average weekly wage after taxes; however, there is a maximum you can receive under Michigan Law. If you are off work due to a work-related injury for two weeks or longer, you will receive benefits back to your first day off.
Can I Receive Benefits If I Return To Work?
If your accident prevents you from earning an equal or greater income than before it happened, you are likely still eligible for partial wage replacement. If you are able to resume work and earn the same income as before your injuries, benefits may be halted.
Can My Boss Fire Me For Filing A Claim?
No. It is against the law for your employer to fire you for filing for workers’ compensation or to tell you not to file a work injury claim. If your boss threatens your job or insists that you do not submit a claim, you should report him or her immediately to the State of Michigan Workers’ Compensation Agency. If your employer demotes, disciplines or terminates you, you may also have a retaliation claim. It is a separate claim from your workers’ compensation claim. We also handle these claims.
Can I Sue My Employer For Damages?
You can only sue your employer if it was an intentional act against you that caused your injuries or if your employer knew you were going to be injured. If you choose this legal route however, keep in mind that you waive your right to workers’ compensation benefits. Instead, if you win your case, a court may award you coverage for medical treatment, lost income and pain and suffering.
Taking The Time To Answer Your Concerns
Regardless of the nature of your case, trust our lawyers to handle it with an attentive ear and fierce representation. Schedule a free initial consultation by filling out our online form or by calling 313-566-4787 or 800-221-6021.