Knowing what your rights and responsibilities are under Michigan workers’ compensation is important for helping you know what to expect, as well as when it’s time to fight back for what you deserve.
- All employees working in Michigan are entitled to “reasonable and necessary medical care for work-related injuries or diseases,” including coverage for various health services, surgeries, medicines, or other necessary treatments and resources. Employees are also allowed to switch physicians after 28 days so long as they provide proper notice. Employees can never be denied or refused medical care, nor should they ever receive a bill for medical treatment.
- Michigan is a “wage loss compensation state, which means injured workers may receive up to “80% of their after-tax average weekly wage, subject to a maximum rate” depending on their unique situation. However, they must be able to “establish a disability and a limitation of wage earning capacity.”
- If you have more than one job you will receive “credit for all wages earned in all jobs covered under the Workers’ Disability Compensation Act.”
- You have a right to prompt payment, which means Michigan law will enforce your right to receive weekly compensation, starting within 14 days of your employer noticing or becoming aware of the accident. A payment is not officially considered late until it is 30 days past due.
- If you already receive other benefits, you may need to undergo a coordination of benefits to make sure your benefits income isn’t more or less than it should be.
- If your injury or disability now prevents you from doing things you were once proficient in and you have an open claim, you may be entitled to vocational rehabilitation.
- If you at any point disagree with decisions or accusation being “made by your employer or their carrier,” you can easily demand a hearing or mediation. All you have to do is file Form WC-104A to apply for your hearing.
- If you want to be able to start getting your benefits as soon as possible, you need to make sure the rest of the process is just as quick and efficient. It is your responsibility to “report your injury to your employer” as soon as you possibly can, that way the appropriate authorities can get the ball rolling while you focus on your recovery.
- It is your responsibility to “notify your employer or their insurance carrier of any wages earned during the benefit period” since Michigan “does not permit the payment of weekly workers’ compensation benefits to persons who are employed and receiving wages equal to or greater than wages earned on the date of the injury.”
- It is your responsibility to submit to any health examinations “required by your employer or their insurance carrier” after your injury in order to maintain your recovery progress.
- Unless you are completely disabled, it is your responsibility to try and gain employment after your injury. If your employer cannot accommodate your new restrictions, you will need to “cooperate with reasonable rehabilitation efforts directed toward assisting you in returning to appropriate competitive employment.”
For more information on your rights and responsibilities under Michigan workers’ compensation, or to retain representation to help you obtain benefits, we encourage you to put your trust in our seasoned workers compensation attorneys at Esper Aiello Law Group. Call us, today, at 313.964.4900 or fill out the form in the sidebar or on our contact page, and learn more about how we can help you.