Best Work Injury Lawyers in Michigan

About Work Injury Law in Michigan, United States

Work injury law in Michigan is designed to protect employees who are injured or become ill as a result of their work. The primary legislation covering these cases is the Michigan Workers' Disability Compensation Act. This law requires employers to provide benefits, including medical care and wage loss compensation, for employees who suffer work-related injuries or occupational diseases. The system aims for a no-fault process, meaning workers do not need to prove the employer was directly responsible for their injury in order to receive benefits.

Why You May Need a Lawyer

Many people believe the process of filing a work injury claim is straightforward, but there are situations where legal help becomes important. A lawyer experienced in work injury law can ensure you receive all the benefits you are entitled to, especially when:

• Your claim is denied by your employer or their insurance company.
• You are being pressured to return to work before you are medically ready.
• Your benefits are terminated or reduced without explanation.
• You suspect you are being discriminated against or retaliated against for filing a claim.
• Your injury was caused by a third party, possibly opening additional avenues for compensation.
• You have a pre-existing condition that the employer claims is responsible for your injury.
• The process becomes overly complex or you are uncertain about your rights.

Local Laws Overview

In Michigan, all employers with one or more employees must have workers' compensation insurance or be approved to self-insure. The key aspects of local laws related to work injuries include:

• Employees must report their injury to their employer within 90 days, preferably as soon as possible, or they risk losing benefits.
• The claim itself must be filed within two years of the injury date.
• Medical benefits are paid by the employer, and employees must initially be treated by a doctor chosen by the employer or their insurance for the first 28 days. After this period, employees can choose their own doctor.
• Wage loss benefits are available if the injury causes the employee to lose income. These are generally 80 percent of the worker's after-tax average weekly wage, subject to state minimums and maximums.
• Workers' compensation is generally the only remedy against the employer, meaning employees usually cannot sue their employer directly for injuries.
• There are exceptions for intentional acts by employers or if a third party is responsible for the injury.

Frequently Asked Questions

What should I do immediately after a work injury in Michigan?

You should report the injury to your employer as soon as possible. Then, seek medical attention, either from the employer's recommended provider or at an emergency facility if necessary.

Am I covered by workers' compensation if I am a part-time or temporary employee?

Yes, most part-time, temporary, and seasonal employees are covered under Michigan's workers' compensation laws.

What types of injuries are covered?

Injuries covered include those caused by accidents at work, as well as occupational diseases and repetitive stress injuries. However, injuries resulting from willful misconduct or intoxication may not be covered.

Do I get to choose my own doctor?

In the first 28 days after reporting your injury, your employer has the right to choose your doctor. After that period, you may choose your own physician, but you must notify your employer.

How are wage loss benefits calculated?

Wage loss benefits in Michigan are typically 80 percent of your after-tax weekly wage, subject to maximums and minimums set by state law.

Can I be fired for filing a workers' compensation claim?

It is illegal for an employer to retaliate or discriminate against an employee for filing a workers' compensation claim.

What if my claim is denied?

You have the right to appeal a denied claim. This generally involves filing an application for mediation or hearing with the Michigan Workers' Compensation Agency.

Are all employers required to carry workers' compensation insurance?

Most employers with at least one employee are required by law to have workers' compensation insurance in Michigan.

What is the time limit for filing a workers' compensation claim?

You must notify your employer within 90 days of the injury and file a claim within two years.

Can I sue a third party for my work injury?

Yes, if your injury was caused by someone other than your employer or a coworker, such as a faulty product manufacturer or an outside contractor, you may have grounds for a third-party lawsuit in addition to your workers' compensation claim.

Additional Resources

If you need more information or assistance, consider reaching out to these resources:

• Michigan Workers' Compensation Agency - The state agency handling claims, appeals, and providing information about workers' rights and employer responsibilities.
• Michigan Occupational Safety and Health Administration (MIOSHA) - Oversees workplace safety standards and investigates safety violations.
• Legal aid organizations in Michigan - Provide low-cost or free legal assistance for eligible individuals.
• State Bar of Michigan - Can help you find qualified attorneys specializing in work injury and workers' compensation cases.
• Local unions and worker advocacy groups - Offer support and guidance for injured workers.

Next Steps

If you or someone you know has suffered a work-related injury in Michigan, taking the following steps can help protect your rights:

1. Report your injury to your employer as soon as possible, preferably in writing, and keep copies of any correspondence.
2. Seek prompt medical attention, following your employer's policies for initial medical care.
3. Document all aspects of your injury, including photographs, witness statements, and medical records.
4. Review your pay stubs and keep track of any lost wages or workdays.
5. If your claim is denied or benefits are delayed, consult with an attorney experienced in Michigan work injury law.
6. Contact the Michigan Workers' Compensation Agency for information about filing claims or appeals.
7. Consider reaching out to local legal aid or the State Bar of Michigan to find legal representation if you need help navigating the process.

Remember, work injury law can be complex, and having reliable legal guidance ensures you receive the benefits and protections you deserve.