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Important Frequently Asked Questions

1. Are My Fringe Benefits Considered When the Insurance Company Calculates My Worker’s Compensation Rate?

If an employer discontinues a fringe benefit, such as health insurance or pension contribution, the weekly cost to the employer of that benefit is added to your average weekly wage to determine your worker’s compensation rate. This can significantly increase your worker’s compensation rate. You must check your union contract or employer’s Employee Handbook to find out when the employer stops paying the fringe benefit, then CALL ME so I can tell you how much your worker’s compensation rate should increase.

2. When the Insurance Company Sends Me to an “Independent Medical Examination,” Should I Record It?

Yes! You may catch the doctor in a lie. He may write something n the report that you know is false. You may secretly record the examination if it’s just you and the doctor in the examining room. You can do that even if there’s a notice posted on the wall saying you can’t do that, such as “Recordings of Examinations Are Not Permitted.”

3. Should I Apply for Social Security Disability?

Yes, if you have been disabled for a year. You can apply online; without a lawyer, but if you’re denied, call me for help.

4. Do I Have to Look for Work While I’m on Worker’s Compensation?

Only if the worker’s compensation insurer stops benefits. Then you must look for work unless your condition is bad that your doctor puts in the medical records or writes a disability slip stating “no work” or “totally disabled.” If the doctor, instead, gives you specific restrictions, then, after worker’s compensation cuts you off, you must look for work. You must prepare a resume (listing your restrictions), and sign up with Indeed.com or MichiganWorks! and submit your resume to 6 or 7 job listings each week. Call me for critical advice before you start the job search.

5. Should I Take My Pension While I’m on Worker’s Compensation?

No, if possible. When you take a pension from the employer who’s paying worker’s compensation, your worker’s comp rate is reduced almost dollar for dollar by the amount of your pension. If possible, delay your pension – but if you settle your work comp claim, THEN you take your pension. So it may be worthwhile to settle your comp claim and then start your pension. Call me to discuss.

6. Should I Take My Old Age Social Security While I’m Getting Worker’s Compensation?

No. If you take old age social security while you’re on worker’s compensation, your worker’s comp will be reduced by about 50% of your old age social security. If you can, delay starting your old age social security until you have settled your worker’s compensation claim. Another benefit is that be delaying your old age social security, the annual rate increases about 8% a year.

7. When Should I Settle My Worker’s Compensation Claim?

That depends on your age, and whether you are entitled to a pension. For example, if you’re 60 and you’re entitled to a $3,000 a month pension, it might be worthwhile to settle your comp case and then take the pension. It all depends on the math, and by how much your pension will increase if you delay taking it. Call me.

8. How Do I Know if I Am Getting the Worker’s Compensation Rate?

First, you need to have your “average weekly wage,” which is the average of the highest 39 weeks out of the 52 weeks before your injury. If you have worked at the employer for less than 39 weeks, then all weeks are used. Second, you need to know your tax filing status (single or married filing joint or married filing separate?). Third, you need to have the number of dependents (wife? children under 18?). Fourth, you need to have the official workers compensation tables to look up the rate – call me and I’ll tell you.

9. Can I Sue the Company or Person Who Caused My Injury?

Yes, no or maybe. No, if a co-worker or your employer caused the injury. Yes, if someone else caused the injury and it was clearly the fault of that other person or company, and that other person or company has insurance.

10. If I Was Driving a Vehicle Accident When I Was Hurt, Can I Get No Fault Benefits?

Yes, if you are a Michigan resident. If you were in your employer’s vehicle, the insurance on that vehicle pays the benefits.

Client Reviews

"Marshall Lasser is aggressive, always attacking, knows the law and never gives up. He won my Worker’s comp case and my negligence case against the general contractor." — Former IBEW Local 58 worker permanently disabled in a fall on a construction site.

Lou Ghaffari

"Lasser fights hard and he's smart. He won the work comp case and sued the homeowner whose busted driveway caused my injury. Mr. Lasser got a jury verdict for me in that case, when other lawyers told me the jury would give me nothing." — Former Teamster Local 299 DHL driver who suffered a...

Barbara Wood

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