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.

Are wage benefits Paid Weekly or Biweekly? How often are workers’ comp benefits paid?

In Michigan, workers’ compensation benefits are paid weekly. Payments typically start after 7 days of disability, but the first check is due on the 14th day your employer is notified. We understand many workers live paycheck-to-paycheck, so delays can be devastating. If you experience delays, reach out to the Law Offices Of David Zimmerman immediately.

How much should I receive?

Workers’ compensation payments should be 80% of your after-tax average weekly wage. This payment is calculated based on the highest 39 weeks of earnings from the previous year. This does include overtime, fringe benefits, and second jobs.

What if my checks are late?

If you have to wait more than 30 days, and there is no dispute, the insurance company will owe you a $50 daily penalty, totaling up to $1500. If your claim is denied, it is up to you to file a hearing. These disputes can take months or even years to resolve, and we heavily recommend utilizing a lawyer before taking action.

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.

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.