Workplace Injury and Workers’ Comp Lawyers in Flint, MI

What Qualifies as a Workplace Injury in Michigan?

Most injuries that occur on the job are covered by worker’s compensation insurance, including job accidents and any illnesses that may occur due to exposure to workplace-related activities, materials, or equipment.

Additionally, exposure to chemicals, toxins, and elements that result in injury or illness is covered by workers’ compensation. In many cases, these injuries result from a lack of personal protection (PPE) provided by the employer. If you think this is the case, an occupational physician may evaluate your workplace to see if a work-related injury was a result of workplace conditions, and you may be entitled to compensation.

While most on-the-job injuries are classified as workplace injuries, there are a few exceptions that need mentioning. The actual harm needs to be done while performing work-related activities, and thus the following are not covered by the workers’ compensation program under Michigan law:

• Injuries received while commuting to and from work unless related directly to business travel
• Self-inflicted injuries or injuries received while fighting or through horseplay
• Injuries are received while under the influence of drugs or alcohol while committing a crime, or while violating company policy.
• Stress or psychiatric disorders unless specifically related to work

If you are unsure if you can file for a claim or if your claim is denied, the local Flint workers’ compensation lawyers at Padilla Law Group can help in evaluating claims to determine if you are entitled to compensation.

What Should I Do Following a Workplace Injury?

Here are some steps to take first when injured on the job.

Treat your injury on-site or call an ambulance depending on the severity of the work injury. Your health and safety is always the number one concern in any workplace injury. If you can remove yourself from the triggering incident, do so and seek medical attention. Otherwise, call for assistance and do your best to remain stable.

Remember that worker safety is the number one priority. Taking care of yourself and others is always the best course of action. 

After assessing the situation and seeking medical attention if needed, take the opportunity to report your injury to your employer as soon as possible. Doing so will essentially start the workers’ compensation claim and eliminate any ambiguity as to whether the injury received was at the workplace. Filing an official accident report with a detailed account of the injury is critical because it can be used to support your claim.

Any condition should be reported, even when the extent of the injury is unknown. These conditions include any injuries you discover at home or outside of work. Remember, the sooner you notify your employer, the sooner you can get financial reparations. 

What Benefits Can I Receive from Workers' Compensation?

Workers’ compensation is an insurance program meant to provide wage replacement, medical coverage, and rehabilitation benefits to workers who suffer workplace injuries that affect their normal lives. This system covers both full-time and part-time employees. However, exceptions exist, such as for a small business with less than three employees.

You must wait at least seven days to be eligible for wage-loss benefits after your workplace injury. If you are disabled from work after those seven days, you are eligible for workers’ compensation benefits after the eighth day. If injury prohibits working for more than 14 days, the first seven days’ wages are also covered by wage-loss benefits. For this reason, it is crucial to report the injury as soon as possible to get timely benefits and cover any potentially lost wages.

State law permits that the maximum rate of wage loss coverage is equal to 80 percent of the state average weekly wage for the year before the injury. The rate applies regardless of whatever earnings the employee normally earned and may be adjusted depending on how long the employee was employed prior to the injury. Fortunately, these benefits are only taxable under certain circumstances.

Furthermore, wage-loss benefits persist for as long as the employee is disabled and may last for a lifetime. However, rates will drop at age 65 (with Social Security disability) and even further at age 75. If you have any concerns about rates, Padilla Law Groups’ workers’ compensation lawyers in Flint can help clarify any questions during a free consultation.

Workers who suffer a workplace injury are entitled to reasonable and necessary care. Reasonable and necessary care includes all medical treatment, including medication, tests, surgery, rehabilitation, and hospital services. 

While state law does not require your employer to authorize medical care prior to receiving it, it does permit the employer to direct medical care for the first 28 days following the injury. If you worked at a large company in Flint, this might be done at company clinics or with company-paid doctors. After 28 days, you can choose your own treating physician.

Medical bills are always sent to the company insurance provider, who will pay them. In the case of out-of-pocket fees, you are entitled to reimbursement through your case. 

Under some circumstances, vocational rehabilitation is available for some workers who cannot return to the same work before the injury. In this instance, the worker is trained in other skills that may allow them to return to a different capacity or find new work. These benefits are covered for a year but are only granted under certain conditions.

Often, the amount of compensation an individual receives after the dust has settled following an automobile accident is far less than the amount they’re truly owed. This loss can be caused by incorrect damage and injury reporting, insurance company loopholes, and inaccurate cost tracking throughout the claims process. A licensed Michigan auto accident attorney can help ensure that you receive the total value of the compensation you’re entitled to.

Depending on your injuries, medical bills can be a short-term hassle or have a life-long impact. Without the help of a personal injury attorney, these bills may only be partially covered in your accident settlement, if they’re covered at all. The professional attorneys at Padilla Law Group are experts at securing full coverage for medical bills resulting from personal injury.

Padilla Law Group has decades of experience practicing workers’ compensation law, and we will fight for your claim. We serve clients in Flint, Michigan, and have law offices across Southeast Michigan. If you have any concerns or questions about a possible workplace injury and what you may be owed, give us a call.

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