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Personal Injury

Auto Accidents and Wage Loss Claims

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Work loss benefits are payable to an injured person for three years following an accident, covering 85% of the gross lost wages. The maximum benefit is raised each year. The No Fault insurance company will reimburse wage loss up to the monthly statutory maximum for 3 years after the accident. For 2009, the monthly maximum is $4878.00. A doctor's disability slip and proof that you were earning a wage are required. If you were still looking for work or were temporarily unemployed at the time of an accident, you will still be able to receive benefits. If your earnings exceed the statutory maximum, then additional wages lost can usually be collected from the negligent driver's automobile insurer.

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Wage Loss Benefits if you are in a Car Accident

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Wage Loss Benefits An accident victim is also entitled to recover no-fault PIP benefits for a loss of income the injured person “would have performed” had he or she not suffered injury in the accident. This work loss benefit is payable for three years and is limited to 85% of the victim’’s gross income. Furthermore, the monthly benefit is subject to a monthly maximum which is adjusted each year. Michigan No-Fault law allows for an injured individual to receive 85% of their salary if a doctor has disabled the injured party from working due to the injuries suffered in the automobile accident. This benefit cannot exceed a period of 3 years. There are reductions for taxes and a cap on the total amount which an insurance company need pay for wage loss.

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Back Pain

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Allan W. Ben P.C. practices in all different types of disability cases : Workers’ Compensation, Social Security Disability, Long-Term Disability, Car Accidents etc. Many of our clients are disabled based on “back pain”. Back pain and movement problems may be caused by a number of disorders including:

a. Osteoarthritis (OA)

b. Degenerative disc disease (DDD)

c. Herniated nucleus pulposus (HNP) or herniated disc

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The Michigan Supreme Court Find No Serious Impairment

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In April 2008, the Michigan Supreme Court reversed the Michigan Court of Appeals when it decided the case of Jones v. Olson, 480 Mich. 1169, 1172, 747 N.W.2d 250, 252 (Mich.,2008).

Mr. Jones was in a car accident. He suffered serious injuries including a fractured vertebra in his neck (at C-7), for which he was fitted with a “C-collar” for two months. Also, MRI scans revealed disc bulges in his neck at C6-7 and C5-6 levels. The neck and back injuries were caused by him hitting his head on the window pylon in his car.

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Bingham Farms, MI 48025
Phone: 1-866-540-0677
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