Under the Michigan Workers’ Disability Compensation Act, employees are entitled to certain benefits from their employers for most work-related injuries. Except in rare situations, workers’ compensation is the exclusive remedy for a worker against an employer for an injury or disease resulting from employment. Under the WDCA, you may be entitled to:

Weekly payments or a lump sum payment for partial or total disability resulting from a work related injury

Coverage is Key

Like any insurance dispute, coverage is key. An injured worker must meet certain requirements to be eligible for workers’ compensation benefits. These requirements include: (1) claimant being an employee of an employer subject to WDCA, (2) employee sustains a personal injury or suffering an occupational disease, (3) the injury or disease arises out of and in the course and scope of employment, (4) the employee is disabled, and (5) there must be a related wage loss.

It is important the employee or an attorney makes an inquiry to evaluate that these requirements are met so the employee can receive applicable workers’ compensation benefits.

What should I do if I am injured on the job?

You should report the injury immediately to your employer. Failure to provide proper notice can result in losing access to all available benefits. If medical attention is needed, you should seek medical treatment immediately.

If you cannot reach an agreement with your employer or their insurance carrier as to what benefits or medical expense payments you are entitled to, you can file a claim with the Bureau of Workers’ Disability Compensation. The Bureau has sole jurisdiction for deciding disputes under the WDCA.

Workers’ Compensation Procedure

After a claim has been filed with the Bureau, the Bureau checks its records to identify the proper insurers and formally serves an Application for Mediation or Hearing on both the employer and insurance carrier with a Notice of Pre-Trial. A hearing location and magistrate is assigned.

Around this time, the insurance carrier will refer the claim to defense counsel who then actively defends the matter on behalf of the carrier. There is no formal discovery process in workers’ compensation proceedings, but all sides will exchange all pertinent information, including wage and medical records. After the discovery process concludes, a WDCA hearing is conducted in front of a magistrate where the compensation case is decided.

The worker’s compensation law in Michigan is often confusing and contains many stringent rules that must be followed. New requirements have been set forth by the Michigan Supreme Court, and if these requirements are not adequately met, the claimant may not be entitled to benefits.

If you or a loved one has been injured while at the workplace, call a law office that is experienced in the field of workers’ compensation. The Law Offices of Lee Steinberg, P.C. has a dedicated team of attorneys and legal professionals to assist you in handling your workers’ compensation claim. Call the Law Offices of Lee Steinberg, P.C. at 1.800.LEE.FREE (533-3733) for your free consultation.