Best Workers’ Compensation Lawyers Detroit, MI Of 2024 – Forbes Advisor – Technologist

Michigan law requires most employers to carry workers’ compensation insurance to cover workers who are hurt or become ill from the work they perform. This coverage provides financial assistance to the worker during recovery and bars the employee from filing a separate lawsuit for compensation. Below we summarize the legal rights and requirements under Michigan’s workers’ compensation laws.

Who Is Protected by Workers’ Compensation Laws in Detroit, MI?

Workers’ compensation protections apply to most employees in the state. Employers are required to carry workers’ compensation insurance if they meet any of these criteria:

• regularly employ three or more employees at one time
• regularly employ at least one employee for 35 hours or more per week over 13 weeks

Some agriculture employers and franchisees are subject to modified versions of these criteria.

Employee is defined broadly in the law, but it does not include independent contractors. Some employees are also exempted from coverage, such as domestic servants and real estate agents.

Employers that are not required to provide workers’ compensation coverage may still choose to do so. If you aren’t sure whether your employer has coverage in place, you can ask them directly or reach out to the Michigan Department of Labor and Economic Opportunity.

Workers’ Rights Under Detroit, MI Workers’ Comp Laws

Workers are entitled to three primary rights under Michigan’s workers’ compensation laws. These rights are explained below.

• Right to medical care. Your employer or their insurance carrier is required to provide you with reasonable and necessary care. Choice of physician is made by the employer during the first 28 days of treatment. After that, you can choose your physician, but your employer is able to dispute your choice.
• Right to wage loss compensation. Benefits are paid on a weekly basis to compensate you for missed work beyond seven days. Most often the benefits are paid at 80% of your after-tax weekly rate, but exceptions and caps may apply.
• Right to timely payment. Your employer or their insurance provider is obligated to pay your benefits in a timely manner. The first payment is due 14 days after your employer has notice of the qualifying illness or injury.

In order to maintain eligibility, employees also have responsibilities. These include:

• reporting work injuries or illness promptly
• accepting work within your physical restrictions
• submitting to periodic medical examinations
• cooperating with rehabilitative efforts
• keeping your employer notified of earning changes or work opportunities

Filing Process for Workers’ Compensation in Detroit, MI

To initiate a workers’ compensation claim in Detroit, you first must notify your employer of the work-related injury or illness. Notice can be given verbally or in writing and should be given within 90 days. Michigan law requires that you start your workers’ compensation claim within two years.

After you give notice, your employer should report your injury to its workers’ compensation insurance carrier. If this has not happened, then you can file an Employee’s Report of Claim (Form WC-117) with the Workers’ Disability Compensation Agency (WDCA). The WDCA also conducts hearings and arbitrations when there are disputes over benefits or eligibility.

Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Detroit, MI

If your employer or their insurance carrier denies your request for workers’ compensation benefits, you are not out of options. An appeal of their decision can be filed with the WDCA, started by filing an Application for Mediation or Hearing (Form WC-104A). Working with a qualified workers’ compensation lawyer can help ensure your claim is given the best chance for success.

What if your employer does not have workers’ compensation insurance? While most employers in Michigan do, a few do not. If you find that your employer does not have coverage, then you can pursue a personal injury lawsuit against them. This is not a workers’ compensation case and instead requires that you prove your employer’s negligence led to your injury. Discussing your case with a personal injury attorney is the best way to determine your case’s value.