Knee injuries are one of the most common injuries we see. Whether you slipped, twisted your knee, fell, or simply wore it out over years of physical work, a knee injury can make it tough to do your job and even harder to get through everyday life. These are some important steps we recommend to protect both your health and workers’ compensation claim.
Get Medical Treatment Right Away
The quicker you can get medical treatment, the better. Even if the pain seems manageable, knee injuries can get worse over time. We recommend you to tell the medical provider that the injury happened at work so it is properly documented.
Report Your Injury To Your Employer
Michigan law generally gives you 90 days to report a work injury, but we recommend to notify your employer as soon as possible. Waiting too long can create headaches later if the insurance company starts to questioned when or how the injury happened.
File A Workers’ Compensation Claim
A claim helps protect your right to medical treatment and wage loss benefits if your injury keeps you out of work.
Keep Good Records
Keep copies of any medical records, work restrictions, and paperwork related to your injury. The more documentation you have, the easier it is to prove your claim if problems come up down the road.
Know Your Rights
Workers’ compensation may cover things like doctor visits, physical therapy, surgery, medications, and wage loss benefits if your injury keeps you out of work. Every case is different, but the sooner you take the proper steps, the better position you’ll be in.
Consider Reaching Out To Us
If your claim is denied, delayed, or the insurance company disputes your injury, we are here to help. We can help protect your rights and help you receive the benefits you deserve. The most important thing to remember is to act quickly. Getting treatment, reporting the injury, and understanding your rights early on can help you avoid many of the problems we see injured workers face later in the process.
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 questions we hear is questions relating to if workers’ compensation benefits are taxable in Michigan. The answer is almost always no. Weekly workers’ compensation benefits and lump-sum settlements are not considered taxable income in Michigan, which is why most injured workers do not receive a W-2 or 1099 for these payments.
However, wages earned while performing different tasks such as light-duty work, as well as certain employer provided benefits such as sick pay, short-term disability, or long-term disability benefits, may still be taxable. Workers receiving both workers’ compensation and Social Security Disability benefits should also be aware that offsets can sometimes create unexpected tax issues.
IF you need documentation showing how much you received in workers’ compensation benefits, you can request a Notice of Compensation Payments (Form 701) from the insurance company or employer. Because every situation is different, we always recommend to speak to a tax professional or experienced workers’ compensation attorney. If you have any questions about your benefits affecting your taxes or any other government benefits, do not hesitate to 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.
There are a few main ideas we will go over to begin with:
- Do not admit fault or make your injury sound less serious. Sometimes these small comments can be used against you.
- Do not guess or leave details out when talking to the adjuster, just be honest and stick to the facts you know.
- Talk to a lawyer before giving a recorded statement, signing papers, or taking a settlement offer.
Typically, after a work place injury, you will probably hear from a workers’ comp adjuster. Even if they seem nice upfront, remember that they work for the insurance company, not for you. Their goal is usually to save the company money. When you are speaking to an adjuster, we recommend avoiding saying the accident was your fault as well as acting like your injury is not a big deal. These comments can hurt your claim. Try your best to be clear and honest about your condition.
If you are unsure or do not know an answer, do not simply guess. Saying words like “maybe” or “I think” can create problems later on down the road. Make sure you mention every part of your injury so nothing gets overlooked.
We recommend you to be careful discussing or revealing information about old injuries or your medical history. Insurance companies may try to blame your current pain on something unrelated to work.
You should also avoid guessing about when you will be able to return from work. Let your doctor decide that. Saying you will be back soon could later be used against you if recovery takes longer.
Recorded statements can be risky. Simple and small mistakes or even something as simple as confusing wording may be used later to challenge your case. We recommend you to speak with a lawyer before agreeing to a recorded statement.
We frequently see adjusters asking about hobbies or activities outside of work. Adjusters will utilize casual comments about yard work, sports, or playing with your kids to argue you are not seriously injured.
Finally, we heavily recommend to not rush into a settlement offer. Early offers are typically much lower than what you may actually need for medical bills, lost wages, or long-term care. We can help make sure you are not settling for anything less than 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.
About 95% of litigated workers’ compensation cases in Michigan end with a one-time, lump-sum, tax-free settlement. This 95% does include cases where benefits were denied from the beginning as well as cases where the insurance company voluntarily paid benefits for a period of time before a dispute arose. In many situations, workers’ compensation claims are settled even while the injured workers is still receiving weekly benefits.
Each case is unique and different, but there are several common reasons why an injured workers and insurance companies choose and would want to settle a claim rather than continue fighting through the workers’ compensation system.
The workers’ compensation process becomes frustrating and exhausting.
A large portion of workers find themselves dealing with constant paperwork and obstacles created by the insurance company. We see insurance companies hire private investigators, schedule independent medical examinations (IMEs), and closely monitor an injured worker’s activities. We see insurance company’s doctors downplaying the injury or claim that little or no additional treatment is needed. Not only do we see insurance doctors, but we also see workers facing challenges getting treatment from the doctors they trust. Months or years of dealing with these difficulties and frustrations lead workers to deciding to have a settlement so they can move forward and regain control of their lives.
The insurance company cut off benefits and wants to avoid the risk of trial.
In many cases we see, benefits are initially paid and then suddenly stop. The insurance company may rely on an IME (Independent Medical Examinations) doctor who claims the injury is not work-related or that the worker is no longer disabled. Once the injured workers hires an attorney and the case is prepared for trial, the insurance company often realizes there is a significant risk that a judge could rule in the worker’s favor. Rather than take that chance, they frequently offer a settlement to resolve the claim before a hearing takes place.
Benefits are still being paid, but insurance company wants to close the file.
Sometimes the evidence is so strong even the insurance company’s own doctors agree the worker cannot return to work. When we see these situations, benefits may continue for months or even years, but the insurance companies often prefer certainty over ongoing exposure and want and may offer a settlement to close the claim permanently. We recommend injured workers to be cautious when handling these negotiations on their own. We see insurance companies suggesting that hiring an attorney will cost a large portion of the settlement and that you instead should take their offer, but this is often misleading. In Michigan, when an attorney is hired solely to assist with settling an ongoing workers’ compensation claim, attorney fees are typically limited to 10-15% of the settlement amount and will be able to get you the fair value of your case often being much more than the settlement offer the insurance company is offering.
We understand the compensation system in Michigan can be overwhelming, stressful, and unpredictable. We are here to help that process be as stress free as we possibly can. A settlement can help provide you the resources to battle this uncertainty. Before you accept any settlement offer, it is important to remember and understand the value of your case and how the agreement could affect your future rights and benefits.
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.
A question we hear often is if filing a workers’ compensation claim will stop them from getting another job in the future. In Michigan, employers generally cannot legally refuse to hire you just based on the fact you filed a workers’ compensation claim. However, work restrictions, medical limitations, or gaps in employment can sometimes make finding certain jobs more difficult.
Can employers see past workers’ compensation claims?
This is not a simple yes or no. Workers’ Comp claims are not fully public, but insurance companies and employers may still discover prior claims in certain situations. It is pretty common for us to see this in physically demanding or safety-sensitive jobs. We typically recommend being honest during the hiring process of future jobs.
What about if I have permanent restrictions?
Permanent restrictions does not automatically stop you from working or getting hired. The permanent restrictions may simply limit the type of work you can safely perform. Many employers are mainly concerned with whether you can still do the essential duties of the job or not.
What can I do to protect myself?
We highly recommend to continue your medical treatment and keep updated records from your doctor explaining your current work abilities. If your conditions improves or worsens, ask your doctor to update your restrictions. Employers tend to care more about what you can do now than a past injury itself.
If you believe an employer is treating you unfairly for any reason relating to a past workers’ comp settlement or an injury at work, you may still have legal rights. Do not hesitate to give us a call and we will answer any questions you have about your situation.
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.
Easily one of the most common questions we get asked is: “How much is my workers’ comp case worth?” There is no exact number to fit all cases. Every case depends on the injury, future medical treatments, lost wages, and work restrictions. There are settlement calculators to help estimate what your claim may be worth.
A workers’ comp settlement is a injured worker allowing giving up future benefits in exchange for a lump sum payment. This money can be utilized by the injured worker for medical treatment, paying bills, vocational training, retirement, or other expenses. In Michigan, workers’ comp settlements are generally tax free.
How are settlements calculated?
Insurance companies typically look at your weekly comp rate, future wage loss, medical treatment, and vocational rehabilitation costs when making settlement offers. They are not looking to overpay, and many times we see workers offered much less than what their case may actually be worth.
In Michigan, workers’ comp checks are generally based on 80% of your after-tax average weekly wage. This includes overtime, bonuses, fringe benefits, and even second jobs you can no longer perform because of the injury.
A common starting point for estimating settlement value is multiplying the weekly comp rate by 52 weeks to calculate annual wage loss benefits. Insurance companies may then use a multiple of that number depending on the severity of the case and future medical costs.
It is also important to make sure the insurance company calculated your average weekly wage correctly. We frequently see insurance companies underestimate wages and underpay injured workers.
If you are thinking about settling your workers’ com case, it is important to understand what future medical treatment and wage loss may still be owed before accepting an offer.
If you have any questions please let us know and we would be happy 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.
Another common question we receive is injured workers asking us if they can quit their job while receiving workers’ comp benefits in Michigan. The answer is yes, but quitting too early can seriously hurt your case and may stop your wage loss checks.
In Michigan, employers are allowed to offer “light duty” work instead of continuing full wage loss benefits. These jobs must fit within your medical restrictions, but they are not always jobs you actually want to do. We often see employers give injured workers meaningless or frustrating jobs hoping they will quit on their own.
If you voluntarily quit, the insurance company may argue you removed yourself from the workforce and no longer deserve wage loss benefits. Even if light duty was never officially offered, quitting can still be used against you later.
This is why settlement is often a better option before making major employment decisions. A settlement allows you to exchange future benefits for a lump sum payment that can be used for medical treatment, retraining, bills, starting a business, or moving into a new career.
Timing matters here. Quitting your job too soon can reduce the value of your settlement and create unnecessary problems with you claim. If you have any questions regarding settlements, or quitting your job on workers’ comp, please reach out sooner rather than later.
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 biggest mistakes we see and hear about is injured workers waiting too long to report their injury. In Michigan, you generally have 90 days to report a workplace injury to your employer. Verbal communication to a supervisor may count as notice, but we highly recommend filling out an accident report and keeping a copy for your records.
A ton of injured workers we have spoken to mention how they wait to file an accident report because they think the pain will go away, or they are worried about losing their job. Unfortunately, insurance companies will often utilize delayed reporting as a reason to dispute otherwise valid claims.
How long do I have to file a workers’ compensation claim in Michigan?
In Michigan, you generally have 2 years to formally file a workers’ compensation claim after a work injury. We emphasize the importance of timing here at the Law Offices Of David Zimmerman and strongly recommend to act sooner rather than later, as waiting can sometimes seriously hurt your case and may limit the benefits you are able to recover.
If your injury was not reported, your checks are delayed, or your claim is being disputed, we are here to help. Do not wait to speak with a lawyer. Know 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.
