If you were injured on the job, you might be confused about your rights and whether you are entitled to worker’s compensation? You might be eligible for these benefits if you meet criteria outlined by state law and follow the steps the state of Michigan requires.
Workmen’s Compensation Act
Passed in 1912, the Workmen’s Compensation Act requires employers to compensate workers who are injured on the job whether negligence by either party was a factor. The law means worker’s do not need to prove negligence to recover the costs of their accident-related injuries. However, the law limits the compensation to:
Certain rehabilitation services.
Are You an Employee?
You cannot recover worker’s compensation if you aren’t an employee. You are considered an employee if your employer has control over the hours you work, how you do your job and offers you benefits. Unfortunately, some employers try to deny a claim by claiming a worker is an independent contractor. That is the type of issue that truck drivers often face. If you are unsure whether you are considered an employee or independent contractor, you can visit the IRS website.
Workers who are not eligible for worker’s comp include:
Some Agricultural workers
Michigan has a pamphlet available online
Did You Get Medical Treatment?
Sometimes workers hurt themselves on the job and they don’t get immediate medical attention. They may not realize their injuries severe want to spare themselves the high expense of medical treatment. If you did not seek medical attention immediately, an insurer could argue that your injury didn’t occur on the job and you are not eligible for compensation.
Did You Notify Your Employer?
Your employer is responsible for filing your worker’s compensation claim, so you must notify them that you were injured. Once you’ve reported to your employer, they will send you to the right doctor and file your claim with workman’s comp.
If your employer refuses to file your claim, you should contact the Michigan Worker’s Compensation Agency and file an appeal.
Why Should I Hire a Worker’s Comp Attorney?
Even though the Michigan law says injured workers are entitled to compensation, some claims are denied, and you must fight to get the compensation you deserve. If your claim is denied, you need to be prepared to fight, or you will be footing the bill for your workplace accident.
While you may be qualified for worker’s compensation, an insurer may deny your claim because you made a mistake on your paperwork. Your claim can be denied because you didn’t get medical attention immediately or your employer believes your injuries were a pre-existing condition. There is an extensive list of reasons why an insurer or company will deny your claim, and you need to be able to show why they are wrong.
USAttorneys can refer you to medical malpractice attorney in Michigan who will help you overcome a claim denial and begin recovering compensation. Call today and set up a consultation with one of you experienced lawyers.