Worker’s Compensation Claims: Filing, Eligibility and Compensation Benefits

by | May 3, 2017 | Personal Injury | 0 comments

An employee should be compensated for any work-related injuries or occupational diseases, regardless of whether his employer was at fault or not. However, workers like independent contractors and volunteers are not covered by workers’ compensation for injuries they may sustain at the place of work.

When to Talk to an Attorney

An employee should contact a workers’ compensation attorney if his employer is challenging his claim. He can also consider finding a lawyer if his injuries are severe or he has other extenuating factors like Social Security. The workers’ compensation attorney will advocate for the worker throughout the entirety of the legal process.

Filing a Claim

The worker should notify his employer immediately after he is injured or becomes ill at the place of work. The employer will give the employee the forms required to file a workers’ compensation claim. Once the worker has notified the employer, it is the job of the employer to notify the workers’ compensation insurance company of your claims. If the employer is self-insured, he then takes care of the claims from his fund that it set aside for that work.

Once the employee has filed the claim, it’s time now for compensation. Workers’ compensation benefits include medical benefits, wage replacement, permanent disability payments, and vocational rehabilitation as explained below:

  1. Medical Treatment

While an employee is entitled to medical treatment for any work-related injury or occupational disease, he must be able to justify that he sustained those injuries at the place of work. The employer is, however, not responsible for footing all medical bills for all health conditions while an employee has an open workers’ comp claim. Instead, the workers’ comp insurance company is the one to pay for the treatments, but the claim must be reasonable and necessary. The worker’s health condition must have required a medical treatment beyond a simple first aid.

  1. Lost and Decreased Wages

An employee is entitled to lost wages compensation if he is unable to work due to work-related medical conditions. The compensation is a weekly payment of about 80 percent of his post-tax average weekly wage.

If an employee returns to work after an injury, but he receives less wage than he did at the time of his injury, then he gets partial benefits to cater for the decreased wages. These benefits are 80 percent of the difference in his wages.

According to the law, the employee receives lost-wage benefits 14 days after his employer has noticed his disability.

  1. Vocational rehabilitation

A worker would qualify for vocational rehabilitation services if he was unable to return to his previous employment after recovering fully. He, however, undergoes a job retraining to be able to return to his previous employer in another position. A vocational counselor can also assist the employee to gain the necessary skills to look for a job elsewhere.

  1. Permanent disability payments

A worker who has been partially or permanently disabled is entitled to additional disability benefits. The permanently disabled employee receives lump sum monetary payments. A worker qualifies for permanent disability benefits only when there are no further curative treatment options for his conditions.

An experienced workers’ compensation attorney from Michigan Legal Center can analyze the details of your specific case and determine the best course of action for your claim. Contact us today for a free case evaluation.

Detroit, MI – Man Fatally Hit by Motor Vehicle on I-95 near I-75

Detroit, MI (June 1, 2023) - A Woodhaven man was killed after being hit by a car in Detroit on Tuesday, May 30.  At around 10:05 p.m., emergency responders were dispatched to the scene on Interstate 95 near Interstate 75. A 40-year-old motorist had reportedly run...

Inland Twp, MI – Woman on Bike Killed in Crash at Fewins & Lake Ann Rd

Inland Twp, MI (June 1, 2023) - A woman from Interlochen was killed after being hit while riding a bicycle in Inland Township on Saturday, May 27.  The fatal crash occurred early that morning at the intersection of Fewins and Lake Ann Roads at around 1:30 a.m....

Georgetown Twp, MI – Two Motorcyclists Ejected in Crash at Port Sheldon St & Chicago Dr

Georgetown Twp, MI (June 1, 2023) - Two motorcycle riders were hurt after an accident on Tuesday, May 30, in the area of Georgetown Township.  At around 1:02 p.m., it was reported that a motorcycle had crashed on Port Sheldon Street near Chicago Drive. A...

Banks Twp, MI – One Killed, Another Hurt in Head-On Crash at US-81 & Old Dixie Hwy

Banks Twp, MI (June 1, 2023) - A crash involving two pickup trucks in Banks Township left one person dead and another injured on Wednesday, May 31.  The deadly accident took place on US-81 near Old Dixie Highway at around 2:15 p.m. It was reported that a 2020...

Grand Rapids, MI – Several Hurt in Car Accident at Curwood Ave & Langley St

Grand Rapids, MI (June 1, 2023) - There were several confirmed injuries resulting from a car crash in Grand Rapids on Friday morning, May 26, and the victims included two children.  The crash occurred at around 9:30 at the corner of Curwood Avenue and Langley...

Dearborn, MI – Injuries Reported in Rollover Crash at Michigan Ave & Greenfield Rd

Dearborn, MI (June 1, 2023) - On Wednesday, May 31, a pileup crash in Dearborn left at least one person with injuries.  At around 6 a.m., the accident took place at the corner of Michigan Avenue and Greenfield Road. It was reported that at least one vehicle and an SUV...

Dundee, MI – Four Injured in Crash Involving Wrong-Way Driver on US-23

Dundee, MI (June 1, 2023) - A multi-vehicle crash involving a wrong-way driver left several people injured in Dundee on Tuesday, May 30.  The accident occurred that morning at around 8 a.m. on US-23. A 38-year-old driver from Plymouth was traveling in the wrong...

Lansing, MI – Driver Hurt in Crash with Semi-Trailer at I-69 & Vermontville Hwy

Lansing, MI (June 1, 2023) - On Tuesday, May 30, a driver was injured after a collision involving a semi-trailer in Lansing.  The accident was reported on Interstate 69 NB near Vermontville Highway at around 4:08 p.m. A gold SUV was traveling southbound when it...

Walker, MI – Motorcyclist Seriously Hurt in Collision at Alpine Ave & Hillside Dr

Walker, MI (May 31, 2023) - A motorcyclist suffered serious injuries after being involved in an accident with another vehicle in Walker on Tuesday night, May 30.  The crash occurred at the intersection of Alpine Avenue and Hillside Drive at around 5 p.m. It was...

Grand Rapids, MI – Two Hurt in Crash with Wrong-Way Driver at US-131 & Hall St

Grand Rapids, MI (May 31, 2023) - On Saturday, May 27, a crash involving a wrong-way driver and a police cruiser in Grand Rapids resulted in confirmed injuries.  The accident was reported at around 11 p.m. on US-131 near Hall Street. A state trooper witnessed a...