Workers Compensation
Lawyer for 40+ Years
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.
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.”
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.
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.
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.
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.
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.
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.
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.
Yes, if you are a Michigan resident. If you were in your employer’s vehicle, the insurance on that vehicle pays the benefits.