Common Mistakes That Can Jeopardize Your Workers’ Compensation Claim
Michigan Workers’ Compensation Claims
Filing a workers’ compensation claim in Michigan can be a complicated process. As attorneys, we often see claimants make avoidable mistakes that weaken their cases or even lead to a denial of benefits. Workers’ compensation is designed to provide financial and medical support to those injured on the job. However, the system has specific requirements that must be followed in order to receive benefits. Understanding these requirements and the common pitfalls can make a significant difference in the success of your claim. When workers’ compensation claimants fail to take the right steps or make critical errors, they risk losing the benefits they need for recovery.
Michigan workers’ compensation laws are governed by the Michigan Workers’ Disability Compensation Act. These laws require prompt reporting of injuries, accurate documentation, and timely filing of claims. If you miss a deadline or provide incomplete information, you can jeopardize your chances of receiving benefits. Let’s now discuss the common mistakes claimants make and explain how avoiding them can protect your rights under Michigan law.
Failing To Report Your Injury Immediately
One of the most frequent mistakes is delaying the report of a workplace injury to your employer. Under Michigan law, you must notify your employer of the injury within 90 days of its occurrence. However, waiting even a few days to report an injury can lead to questions about whether the injury happened at work. The sooner you report your injury, the stronger your claim will be.
Employers and their insurance carriers often look for reasons to deny claims. Delays in reporting may be used as evidence to argue that your injury was not work-related. Always inform your supervisor or employer about the injury as soon as it occurs, and provide a detailed account of what happened.
Not Seeking Immediate Medical Treatment
Failing to seek medical attention right after an injury can harm your claim. Workers’ compensation cases often hinge on medical evidence that links the injury to your job. If there is a gap between the injury and treatment, it may raise doubts about the cause of your injury.
In Michigan, you are required to see a doctor chosen by your employer for the first 28 days of treatment. After this period, you can select your own doctor. Make sure to attend all appointments, follow treatment plans, and keep detailed records of your medical care.
Providing Incomplete Or Inaccurate Information
Accuracy is critical when reporting your injury, both to your employer and medical providers. Inconsistent or incomplete information can lead to a denial of benefits. For example, if your medical records do not match the account you provided to your employer, the workers’ compensation insurer may question the validity of your claim.
When completing any paperwork or providing verbal accounts, be as detailed and accurate as possible. Include the date, time, and circumstances of the injury, as well as any witnesses who can confirm what happened. This consistency will help support your claim.
Missing Important Deadlines
Workers’ compensation claims in Michigan are time-sensitive. If you fail to file your claim within the required timeframe, you may lose your right to benefits. The statute of limitations for filing a workers’ compensation claim is two years from the date of injury or the last payment of compensation.
However, waiting until the last minute can create unnecessary complications. Start the process as soon as possible to avoid missing deadlines and to ensure your claim is processed without unnecessary delays.
Not Seeking Legal Advice Early Enough
Many workers assume they can handle their claims without legal guidance, but this often leads to mistakes that could have been avoided. Workers’ compensation laws are complex, and insurance companies are skilled at finding reasons to deny or limit benefits. Having an attorney on your side can help protect your rights and ensure you receive the benefits you deserve.
An experienced attorney can help you gather evidence, meet deadlines, and address any disputes that arise during the claims process. Waiting too long to seek legal advice can leave you at a disadvantage, especially if your claim has already been denied or disputed.
Michigan Workers’ Compensation FAQs
What Should I Do If My Employer Refuses To File My Workers’ Compensation Claim?
If your employer refuses to file your claim, you have the right to file it directly with the Michigan Workers’ Compensation Agency. Document your injury, including the date, time, and circumstances, and provide copies of any medical records related to your injury. An attorney can assist you in filing the claim and addressing any resistance from your employer. Employers are legally required to report workplace injuries, and failure to do so can result in penalties.
Can I Be Fired For Filing A Workers’ Compensation Claim In Michigan?
No, it is illegal for your employer to retaliate against you for filing a workers’ compensation claim. This includes termination, demotion, or any form of harassment. If you believe you have been retaliated against, you may have grounds for a separate legal claim. Keep detailed records of any retaliatory actions, and consult an attorney to explore your legal options.
What If My Injury Developed Over Time And Was Not Caused By A Single Incident?
Workers’ compensation in Michigan covers injuries that develop gradually, such as repetitive stress injuries. You are required to notify your employer as soon as you become aware of the condition and its connection to your job. Medical evidence is crucial in these cases to show the link between your work activities and the injury. An attorney can help you gather the necessary documentation and navigate the claims process.
How Can I Prove That My Injury Was Work-Related?
To prove your injury was work-related, you will need evidence such as medical records, witness statements, and a detailed account of the incident. Michigan law requires you to demonstrate that the injury occurred while performing work duties. If your claim is challenged, an attorney can help you gather additional evidence and present a strong case to the workers’ compensation agency or a judge.
What Benefits Am I Entitled To Under Michigan Workers’ Compensation?
Michigan workers’ compensation provides several types of benefits, including medical care, wage loss benefits, and vocational rehabilitation. Wage loss benefits typically cover 80% of your after-tax income. If your injury results in a permanent disability, you may also be eligible for additional compensation. An attorney can help you understand your full range of benefits and ensure you receive everything you are entitled to under Michigan law.
Call Our Detroit Workers’ Compensation Attorneys For A Free Consultation
At Ravid & Associates, P.C., we understand how important it is to avoid mistakes that could jeopardize your workers’ compensation claim. Our experienced team is committed to helping injured workers in Detroit and throughout Michigan navigate the claims process, protect their rights, and secure the benefits they deserve.
Contact our Detroit workers’ compensation attorney at Ravid & Associates, P.C. today by calling (248) 948-9696 to schedule your consultation. From our office locations in Southfield, Michigan, we proudly represent clients in Detroit and throughout the state. Don’t let avoidable mistakes affect your right to compensation—contact us to learn how we can help.
