For many, it is surprising to learn how complicated it is to recover compensation for your damages caused by another individual or company’s negligence. One of the many important components to a worker’s compensation claim is proving the other party is at fault. Knowing what you need to do can be overwhelming, which is why you can hire an experienced and knowledgeable attorney from our law firm today.
When faced with a denied workers’ compensation claim, you first need to collect the relevant medical records and documentation to support the need for denied medical care. Then, you can enlist the help of a workers’ compensation attorney to assist with navigating the appeals process, advocating for medical benefits, and advising on increasing medical benefits through different coverage options. We understand how important it is for you to get the medical treatment you need after suffering a work-related injury. Call our law offices today to receive the assistance you deserve.
It is improper for your employer to terminate you because you have filed or may file a workers compensation claim in Michigan. Employers often refuse to contact their insurance company and advise injured workers to put the medical through your private health insurance. This is improper as well. If you sense that your employer is not turning your injury over to their workers compensation insurance company, or if they flat out tell you that they will not turn it over to their insurance company, call us for help immediately. 5869910600. This is happening more and more, and you may also have a separate claim against your employer for wrongful discharge or retaliatory discharge. Any of these scenarios are not normal and require the attention of an experienced workers compensation attorney.
Settlements are usually how workers compensation cases in Michigan are resolved. About 95% of all cases are concluded with a redemption/settlement. The other 5% are trials or voluntary pay agreements. Voluntary pay agreements are when the injured employee returns to work for the same employer, where she/he was originally hurt or injured. Voluntary pay agreements calculate how much time the person missed, and any out of pocket expenses or mileage, and these owning monies are paid to the employee that has returned to work. This is often to referred to “a closed period.”
Now back to settlement/redemptions. We call them “redemptions” in the workers’ compensation area of law, but it is truly a full, final and complete settlement of all rights and claims. In Michigan, all benefits are usually closed with a redemption/settlement. Wage loss, and medical, are closed completely and forever. But don’t fear, after you settle a compensation case in Michigan you can go work anywhere, except for your former employer, you will sign a release that indicates that you will not reapply for work with them, as part of the settlement. Regarding medical benefits, after settlement, you can use Medicaid, Medicare or regular insurance through a new employer or through a spouse. We don’t have issues with people continuing to get treatment after a workers compensation settlement.
During law school at the University of Detroit Mercy, David Zimmerman clerked for 2 years, and you guessed it, he clerked for attorneys that practiced Workers’ Compensation Law. Adding all of it together, Mr. Zimmerman has 30 years of legal experience in the area of Workers Compensation.
Michigan Workers Compensation settlements are tax free. That is because the wages you receive are based on after tax amounts. The settlements are based on your workers compensation rate which is less than your gross amount you receive per week. The only exception is if you are receiving social security disability and your social security disability is being reduced because you are receiving weekly workers comp benefits. Then under the US Code, Comp is included with the partial SSDI benefits and all of it is taxed. Please keep in mind that SSDI is taxed. This seems to be the only time Michigan Workers Compensation is taxed. It must be bundled with the SSDI that you are receiving and receiving both at the same time.
The workers compensation settlement procedure is very complicated. It involves lost wages based on your workers compensation rate (not your full wages) and medical treatment, and occasionally vocational retraining. There is no pain and suffering allowed in Michigan Workers Compensation.
The settlements are usually based on 0 to 6 years of future wages at the workers compensation yearly rate. Take what you are being paid in workers compensation weekly and times that by 52 weeks in a year. This is your yearly rate.
In extreme circumstances we do get more than six years of benefits. If the medical is very expensive or the injury is preventing any type of sedentary work from being performed. There are about 20 variables to each settlement and I highly recommend that you speak to an attorney before you ever think about settling directly with the insurance company adjuster. They are not your friend.
LAW OFFICES OF DAVID ZIMMERMAN
42712 Van Dyke, Sterling Heights, MI 5869910600