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.
A common question we have here at the Law Offices of David Zimmerman is if someone can get disability after settling their workers’ comp claim. The simple answer is yes, but there is potential for offsets with Long-Term Disability (LTD) or Social Security Disability Insurance (SSDI).
Lump-Sum Settlements
Instead of ongoing benefits, many of our clients choose a lump-sum settlement, so they can utilize the money for whatever they choose. This includes starting a business, paying off your debt, retiring, etc. The settlement is determined based on medical needs and expected disability.
Receiving Long-Term Disability After A Lump-Sum Settlement
While you can receive LTD benefits after a lump-sum settlement, most LTD policies will treat workers’ comp as other income, and reduce your LTD payments. We recommend you review the summary plan description for offset rules. We also recommend speaking to an experienced lawyer here to produce a well-structured settlement where we can help to reduce or avoid these offsets.
Receiving Social Security Disability Insurance After A Lump-Sum Settlement
While you are still eligible for Social Security Disability Insurance (SSDI) after your lump-sum settlement, there are also possible reductions. If total benefits exceed 80% of your prior average income, SSDI can be reduced. Here at the Law Offices of David Zimmerman we emphasize trying to minimize these reductions and help spread your settlement value over time to minimize the offset and protect your 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.
Michigan Workers’ Comp law, regardless of who is at fault, protects employees and employers in Michigan, aiming to cover all medical treatment and 80% of after-tax wages.
Lump-Sum Workers’ Compensation Settlements
Many of our clients choose to settle their workers’ comp into a one-time lump-sum cash payment, called a redemption. This redemption must be approved by a magistrate. In order to maximize this payout, we need strong medical and vocational evidence conveying the long-term impact of your work related injury. Here at the Law Offices of David Zimmerman, we excel at maximizing the lump-sum payout through building a case to improve your final outcome. Let’s dive in to see how we can maximize your case.
Evidence
Medical Evidence:
- Utilize private health insurance to continue treatment if your comp claim ends up being disputed
- Make sure your doctor is documenting your treatment, needs, and work restrictions
- Medical records conveying continuing disability that is directly related to your work injury boosts your settlement potential
Vocational Evidence:
Insurers will try and reduce your benefits based on what your theoretical job opportunities look like, and try to say you are only partially disabled.
- Challenge these reports in court
- Document and convey you have attempted a good-faith job search to convey you cannot realistically get hired
- Proving and conveying a limited employability will raise your case value
With the combination of documentation and our help here at the Law Offices of David Zimmerman, we can make sure you get 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.
Common questions we face consist of:
Can I sue my employer for pain and suffering in Michigan?
What benefits am I entitled to under workers’ comp?
Let’s take a moment to walk through each.
Can I Sue My Employer for Pain and Suffering in Michigan?
No, because in Michigan, workers’ comp is considered to be your “exclusive remedy”. “Exclusive remedy” basically means you cannot file any separate lawsuit against your employer, including pain and suffering. The reason why Michigan has the exclusive remedy is because you are entitled to medical treatment, wage loss benefits, and vocational rehabilitation regardless of who was at fault for the injury.
Are There Any Exceptions?
There are two main exceptions we may see:
- You may have grounds to sue for additional damages if your employer does not have the required workers’ comp insurance.
- If your employer intentionally hurt you, you may have grounds for an intentional tort lawsuit.
What Benefits Am I Entitled To Under Michigan’s Workers’ Comp Law?
- Medical Care: This consists of all reasonable and necessary treatment for your work-related injury. Also, after 28 days, you can choose your own doctor. This benefit can last a lifetime.
- Wage Loss: You are entitled to 80% of your after-tax average weekly wage, which includes overtime, bonuses, lost fringe benefits, and income from second jobs. These payments may continue as long as you are disabled.
- Vocational Rehabilitation: This benefit comes into place with helping you to begin a new career through training, education, job placement and much more if you can’t go back to your original job.
Can I Sue My Employer If My Comp Claim Is Disputed Or Denied?
No, regardless of the outcome, you cannot sue your employer. However, you do have legal recourse, which consists of filing an Application for Mediation or Hearing, which initiates a formal process in front of a magistrate. This is where disputes over the benefits we have previously mentioned can be resolved. We see many of these cases and many end up being settled without having to go to trial.
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.
How Long Do I Have?
You have to report your work-related injury within 90 days of the injury, which can be done verbally, like simply telling your supervisor, or written through an accident report. We suggest writing an accident report, as writing is easier for keeping a copy of your records, and usually carries more weight.
We strongly recommend to report your injury immediately after the injury occurs. Late reporting gives insurance companies room to argue that the injury may be exaggerated or an the injury did not occur at work if you come back to work and do not report the injury, especially if the pain is reported days or weeks later.
From the original date of the work-related injury, you have 2 years to claim workers’ comp benefits. We strongly recommend for this to be in writing as well.
If your disability develops later or as a result of an injury over time, you can still file a claim.
This is a general overview of the timeframes involved in workers’ comp in Michigan, but if you have specific questions, we offer free consultations here at the Law Offices of David Zimmerman. Do not hesitate to reach out, the faster you act, the better.
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.
To begin, the simple answer is no. Like most things with taxes, there are a few important details to make yourself aware of.
You do not have to pay state or federal income taxes on the workers’ comp checks in Michigan because workers’ comp in Michigan was designed to replace part of your lost wages, specifically 80% of your after-tax average weekly wage. Since the weekly comp payments are based on after-tax earnings, the payments are considered tax-free.
What If I Settle for a Lump-Sum?
With many of our clients, individuals choose to take a lump-sum payment instead of continuing with weekly checks. Whether you want more control over your medical care, thinking about switching careers, or need some financial breathing room, the settlement payments are also tax-free in Michigan.
Other Taxes to Be Aware Of
Workers’ comp itself is not taxable, but other benefits you receive during the year might be. If you are receiving workers’ comp plus other types of income or benefits, it is a smart move to check in with a tax professional.
If you have any questions we’re here to help! Whether you are still recovering from an injury or thinking about settling your claim, we can walk you through your options.
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.
