If your employer will not file a claim for you, you may file form WC-117 with the Agency. If your claim is disputed by the insurance company or self-insured employer, you may need to file a form WC-104A, Application for Mediation or Hearing.

In most situations you would hire a Michigan Worker’s Compensation lawyer to file the form 104A, for you.

Please contact the law offices of David Zimmerman if you have any questions about how to file a Michigan workers compensation claim or to file a petition.

Michigan Worker’s Compensation lawyer specialist.

What do you when you do when your hurt at work and your employer refuses to make a claim with its workers comp insurance carrier and or the State of Michigan

First,  you must give notice to your employer that you have been hurt at work. Michigan law states that you must give notice within 90 days of injuring yourself at work,  to your employer.  If you have given your employer notice and they flat out refuse  to contact their workers comp carrier, you should contact the state of Michigan and make your own claim.   There is a state form called “employees report of injury” and a process of information that the State of Michigan will take over the phone to get the claim started.

More and more  employers are asking their employees not to make a Worker’s Compensation claim. If they suggest this to you they are really suggesting that they do not have insurance or they are not willing to contact their workers comp insurance carrier. It is the employers duty with every work injury to contact their workers comp insurance carrier. Often employers delay giving notice to their insurance carrier or refused to give notice to their insurance carrier.

If you get the feeling, after giving notice to your employer of a work injury, that they are not filing the paperwork with the state of Michigan or with their insurance carrier please call my office immediately. I will help walk you through the process.

Law offices  of David Zimmerman

Michigan workers compensation lawyer

The question is, if you use vacation time or sick time during a workers compensation situation do you get your time back? The answer under Michigan Law is no. It is now considered substituted wages that are coordinated with workers comp. Essentially, the comp carrier gets a credit. You don’t get your time back. It’s just like unemployment or short term disability.

Disposition Statistics

Magistrate            Open          Closed           Denied

Boyle                      0                 3                     3

Castora                  2                 1                      3

Colombo                2                 2                     2

Grunewald            2                 0                     1

Klaeren                  0                 0                     2

Kurtz                      1                  0                     1

Logan                     0                  1                     1

McAree                  5                  2                     1

McMurray             0                 0                     1

Ognisanti               0                 2                     4

Slater                      0                  1                     1

Timmons               2                  0                     1

Tjapkes                   3                 2                     4

Williams                 1                 3                      1

Woons                    0                  1                     2

Unfortunately, since Gov. Synder changed the workers compensation act in 2011, Vocational Rehabilitation in a Michigan Workers Compensation case, has all but been eliminated.  I know its hard to believe as most of the language for vocational rehabilitation was left in the statute and the State of Michigan still sends a letter to all injured workers, if a claim is being paid by the insurance carrier for 6 months, a letter advising you of your right to retraining and other vocational rehab. services.  The letter and the language that is left in the Act gives a false sense to injured workers that Vocational Retraining is still an option or possibility in Michigan, however it really is not.  (I have personally asked the State to stop sending out the letters regarding the injured workers rights to vocational rehabilitation, but they will not stop sending out the letters, although they know it is providing false information to the public and specifically injured workers.)  Your current State Government wants you to believe that you still have rights that have actually been taken away by the current administration.   It ishttp://michigan-workers-comp-attorney.com/michigan-attorney-blog/wp-admin/media-upload.php?post_id=140&type=image&TB_iframe=1 beyond deceptive.

The Vocational Retraining of yesterday, which was actually retraining in many cases,  has been replaced with Gov.  Snyders crystal ball.  Gov. Snyder’s crystal ball  law now allows vocational counselors hired by the insurance company, to meet with the injured workers and write a report which indicates that they can make the same wages or more, by just using the injured workers past skills, training and education.  The insurance companies vocational counselor gathers information about jobs you did when you were a teenager and also uses other skills, that they pull out of thin air, during a one hour meeting,  and they conclude that you can make the same money, even with severe restrictions from a work injury.  Therefore, your workers compensation is eliminated or greatly reduced based on this new type of vocational rehab.  The vocational counselor no longer helps you look for work or tries to find work within your restrictions.  Even though Vocational Experts have years of training, certificates, and degrees in finding work, for injured and/or disabled people, you are now on your own, you can go out into the world with severe restrictions and you can find work.   This is how Gov. Snyder’s crystal ball vocational rehab. law is now implemented.  They don’t take into consideration your medications, whether you can’t sleep at night due to pain, whether your not clear headed, and your pain is really not an issue for the vocational counselor.  They merely look at your medical restrictions and provide a list of jobs that you should be able to do with your injury and a wage range that you can earn with your injury.

Its your job to start looking for restricted work immediately upon receiving restrictions, either from your doctor or the insurance companies doctors, EVEN IF YOUR STILL EMPLOYED WITH YOUR COMPANY AND THEY HAVE NO RESTRICTED WORK.  YOU ARE TO LOOK FOR RESTRICTED WORK OUTSIDE OF YOUR COMPANY, WHILE YOUR STILL EMPLOYED BY YOUR COMPANY, AND HOPING TO RETURN TO THAT COMPANY.

If you have a Michigan Workers Compensation case and your receiving benefits, your benefits were cut off,  or they never paid your benefits and you have questions about Michigan Workers Compensation and Vocational Rehabilitation Services, please call us at the Law Offices of David Zimmerma at 5869910600. 

Michigan Worker’s Compensation attorney

Under the new Michigan Worker’s Compensation act passed by Governor Schneider in 2011 you must now treat with the work clinic or the doctor of the insurance companies choice for 28 days. After 28 days you have the right to treat with any doctor that you choose.

However the insurance adjuster will also advise you that you do not have that right and that you must treat with the doctors that they picked for you. This is only true for the first 28 days.

You should always give the Claims adjuster notice in writing that you mare planning to treat with your doctor and I would suggest doing that in the form of an email. Writing is always better then doing it orally or over the phone.

Your age and social security disability: Many are unaware, but your age is a big factor in whether you are approved for social security disability. At age 50 the standard relaxes and at age 55 it relaxes further.   If you are under 50 years old you must be able to prove that you cannot do any work, including very light sedentary work.  Therefore, your doctor will need to be specific about what you can and cannot do.    (more…)

Michigan Workers Compensation Settlement Calculator

In general, there is no specific way to calculate a workers compensation settlement in Michigan.  It takes years of experience and years of negotiating with insurance companies.  Michigan Workers Compensation Attorneys and Insurance Companies have general rules they follow, but no specific way to calculate a work comp. settlement.  The general rule is a lump sum settlement between 0 years of future workers compensation weekly benefits and 6 years of future workers compensation benefits.  Of course there are always exception to the rules and we have had many settlement in excess of 6 years of future benefits.

1.  We must calculate the weekly workers compensation benefits and if the insurance company is paying you the right amount.  Often they do not.  You must look at discontinued fringes, the last 52 weeks of wages, the average weekly wage rules etc….  It is a complicated matter and usually requires the eye of an experience workers compensation attorney in Michigan.

2.  We must look at the cost of future medical expense, if any attendant care is necessary and many other factors that the workers compensation insurance carrier may not advise you of.  The Law Offices of David Zimmerman has handled thousands of Workers Compensation Settlements in Michigan.

3.  We must look at your medical records in great detail,  and any IME reports or reports generated by insurance doctors which usually benefit the insurance companies position.

4.  We must look at many factors regarding when you stopped working, if a doctor has taken you off of work, if you have restrictions or are completely disabled and for how long.

5.  It is a detailed process that requires an attorney and years of experience to get the largest lump sum settlement possible.  Please contact the Law Offices of David Zimmerman for your free case evaluation regarding a Workers Compensation Settlement in Michigan.

www.Michigan-workers-comp-attorney.com

5869910600