Recreational marijuana has been legal in Michigan since 2018, and medically legal since 2008. But as many of you know, marijuana is still illegal under federal law. A common question we get is people wonder if they can still get workers’ comp if they smoke weed. The answer depends on the situation

What you need to know:

• A positive drug test alone does not simply disqualify you from receiving medical or wage loss benefits.
• If you are intoxicated on the job at the time of your injury, you may be disqualified. Your employer must prove you were high when the accident actually happened, not from simply testing positive after.
• Sometimes failed drug tests can cause problems if your employer has strict no-drug policies. If you are fired for violating these policies, you may be at risk to loss your wage loss benefits. If the policy is not strictly enforced, the employer’s case is weaker.
• Employers will try to utilize drug tests to deny valid claims. If this happens to you, do not hesitate to give us a call. You may still be entitled for benefits. Do not let a failed drug test stop you from filing a claim.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.

In Michigan, you can settle a workers’ comp case 6 months after your injury. On average, settlements take about 12 months from the pre-trial date, especially if there is disputes.

Many workers’ comp cases in Michigan result in a settlement through negotiation. This is roughly 6 months to a year if everything goes smoothly. This period typically includes medical evaluations, gathering evidence, and negotiating.

If the case moves toward a trial and there is lots of disputes, then the case can take anywhere from 6 months to a few years. This includes a lot of legal back and forth, including hearings, motions, and more.

Luckily, you do not have to do through this process alone, and we are here to help.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.

Yes. If you are on workers’ comp in Michigan, you can also apply for Social Security Disability (SSDI).

You can apply for short-term disability (STD) or long-term disability (LTD).

Be aware that your social security disability payments may be reduced if combined payments exceed 80% of your prior earnings.

One option we recommend is to do a lump-sum settlement for workers’ comp to avoid this offset.

It is smart to consult a workers’ comp attorney before applying.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.

Yes. In Michigan, insurance companies often stop paying benefits without notice. Insurance companies do this through a dispute of claims, and many of our clients do not realize until their checks stop coming in the mail. Here at the Law Offices of David Zimmerman, we can help you challenge the cutoff.

Common Reasons For Benefits To Be Cut Off

Independent Medical Exams (IME) can be a reason insurance companies stop paying workers’ comp. Insurance companies typically use their own doctors, who often find that the injury is not as severe as before, or that the patient is not injured. They may also say the injury is not work-related.

Refusal of light duty work. If you are offered a job inside your medical restrictions and decline the offer, benefits may be cut. This can happen even if the job is unrealistic.

Insurance companies utilize labor market surveys, which attempt to convey other jobs that exist that the employee could possibly do. This can stop or reduce benefits.

Insurance companies utilize private investigators and social media to try and monitor activity to argue an employee is not or no longer disabled.

If for any reason your benefits have been disputed or cut off, do not hesitate to contact the Law Offices of David Zimmerman where we can help to get your deserved money back.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.

Contacting us here at the Law Offices Of David Zimmerman is very simple and completely free. There is no consultation charge.

If you have been injured on the job, or are unable to work due to a disability, you do not have to face the system alone. Here at the Law Offices of David Zimmerman we are dedicated to helping make sure you are aware of your rights and want to make sure you get the benefits you deserve.

We can help at any step along the journey, whether you have not started your claim, or are facing denial, our legal team is here to help guide you through every step along the way.

Your recovery is our top priority.

Contact Information

You can call us for a free consultation at 1-866-464-2889.

We also offer a free case analysis where you can submit an application containing basic information such as your name, location, phone number, and details related to your case. Simply go to the Contact Us section of the website for the free case analysis.

Do not hesitate to reach out, as every consultation and case analysis is completely free of charge.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.

The simplest answer is yes, you can be fired while receiving workers’ comp in Michigan. The law does not protect your job. However, if your employer fires you in retaliation for filing a workers’ comp claim, then that is illegal and you can pursue a wrongful termination lawsuit, and we highly recommend reaching out to the Law Offices of David Zimmerman for assistance.

Many of our clients worry about losing benefits like health insurance, seniority, and pensions after a work-related injury.  Employers often have to replace injured employees who can’t return due to work restrictions. Fortunately, you are still entitled to wage loss benefits as long as your disability continues.

If you happen to be fired or terminated while on workers’ comp, the value of your lost fringe benefits, like health insurance, travel allowances, or pensions can be included in your weekly comp rate. Do note that your payments cannot exceed two-thirds of the state average weekly wage.

If I Am Fired, Can I Still Collect Workers’ Comp?

Workers’ comp benefits continue even if you are fired, unless the reason you were fired was due to your own intentional and willful misconduct. Intentional and willful misconduct consists of violating clear work rules on purpose or being intoxicated during the work-related injury. Simply failing a drug test alone does not automatically disqualify you from benefits, but a strict and consistently enforced drug policy can allow for your employer to challenge your claim.

Light Duty Work

If you are working light-duty and get fired due to intentional and willful misconduct, you may lose eligibility for wage loss benefits. Some union and employment contracts have added protection.

If your workers’ comp is denied unfairly, or your employer is retaliating against a workers’ comp claim, do not hesitate to reach out for a free consultation here at the Law Offices of David Zimmerman where we will fight to protect your rights.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.

Handling A Workers’ Comp Case Alone

We strongly recommend not attempting to handle a workers’ comp case alone. In fact, you should not handle it, or settle it without the Law Offices of David Zimmerman. Workers’ comp cases in Michigan can get messy, and dragged out over time, but here at the Law Offices of David Zimmerman, we will fight for the money and rights you deserve.

Working by yourself may result in you missing out on your full benefits. Insurance companies often try and underpay claims or leave out certain benefits, but here at the Law Offices of David Zimmerman, we will make sure you are getting everything you are entitled to under the law, not simply what the insurance company offers.

Workers’ comp law in Michigan can get complicated with strict deadlines, medical provider rules, and wage loss formulas. Here at the Law Offices of David Zimmerman, we will walk through the entire process with you.

Insurance companies employ a large staff of lawyers to try and limit payouts and protect the insurance company. Without your own representation, you will be at a serious disadvantage during any negotiations or hearings.

Proving the injury is work-related can be tough at times, and we will help guide you toward actually receiving your benefits. Insurance companies often try and argue a condition is pre-existing, or happened outside of work, and we can help you prove your injury was work related.

It costs you nothing upfront. Here at the Law Offices of David Zimmerman, there is no financial risk to you, as we do not get paid unless we win.

One of Michigan’s Top Workers’ Comp and Social Security Attorneys

David Zimmerman has over 3 decades of courtroom experience. The Law Office of David Zimmerman represents injured workers in Michigan. We handle workers compensation litigation and workers comp settlements.

Our law firm also handles Social Security Disability cases such as initial filings and appeals. If you have been denied SSD or SSI, please give us a call.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.

One of the most common injuries we see in workers’ comp in Michigan is knee injuries. Knee injuries can seriously disrupt your life, especially since knee injuries often make it difficult to stand or walk. Understanding your rights is crucial in Michigan.

Michigan Law

Michigan acts on a no-fault system, where it does not matter who was at fault for the injury. If your injury happens in the course of your work, you are likely entitled to medical care and wage loss benefits. Michigan has some restrictions so you must act quickly.

You must report the injury within 90 days (verbal or written, but written is often better)

File a claim within 2 years

Simply telling your manager about your injury counts as notice. Make sure to follow up with a doctor and explain how the injury occurred.

Common Knee Injuries We See

The injuries we frequently see consist of: ACL tears, meniscus tears, bursitis and tendinitis, dislocated kneecaps, and loose bodies. The injuries occur from sudden pivots, twisting while bearing weight, inflammation, trauma, bone fragments, and more.

Seeing a doctor and having written documentation of your work-related injury is essential for claim benefits.

Workers’ Comp Benefits

In Michigan, you are eligible for full medical coverage consisting of ER visits, therapy, surgery, equipment and prescriptions, as well as lost wages (80% of your after-tax weekly earnings, including overtime and second jobs) under workers’ comp.

Many of our clients here at the Law Offices of David Zimmerman choose to settle their claims as a lump sum payout, but be cautious of insurance companies making low offers. Here at the Law Offices of David Zimmerman we understand and want to make you aware of your full rights before agreeing to anything and strive to get you the money you deserve.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.