Michigan Workers' Compensation Attorney F.A.Q. |
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OVER 40 YEARS OF EXPERIENCE - The Michigan workers' compensation attorneys at Allan W. Ben P.C. have handled hundreds of workers' compensation cases in the Detroit, Michigan area, and we can put that experience to work for you. To contact our Michigan law firm, please call 1-866-540-0677. Q: What is Workers' Compensation? Allan W. Ben, PC: Workers' Compensation is the system we use to provide wage replacement, medical, and rehabilitation benefits to men and women who are injured or who get a disease while in the course of their employment. Q: When and where are workers covered? Allan W. Ben, PC: To be compensable the injury or disease must happen in the course of employment. Workers' Compensation is designed to cover only injuries or diseases which arise out of and in the course of the employment. Q: Must the work cause the injury or disease? Allan W. Ben, PC: The work must cause the disability. Q: What if the work is only one cause of an injury or disease? Allan W. Ben, PC: The work does not have to be the only cause of the injury or disease. It is enough if the work causes, contributes or aggravates a condition which results in the disability. In cases of mental disability, the condition must be caused by actual employment events. Q: Who chooses the doctor I see? Allan W. Ben, PC: During the first ten days of treatment, the employer has the right to choose the doctor. After that, the worker is free to change doctors if the worker desires. The worker must notify the employer of the change. Q: What happens if I return to work, but I cannot continue? Allan W. Ben, PC: If a worker returns to a job, tries and is unable to do it, his or her benefits should be resumed. In some cases, there may be disputes over whether the worker really tried and whether the job was too hard. Q: What benefits can I receive? Allan W. Ben, PC: Workers' Compensation law provides strict limit on the benefits that an individual can receive as a result of a job-related injury. A worker can receive wage loss benefits, medical benefits, and rehabilitation benefits. Q: How are wage-loss benefits calculated? Allan W. Ben, PC: In the ordinary case, an injured worker receives 80% of the after-tax value of his or her wage loss. Q: Are Workers' Compensation benefits taxed? Allan W. Ben, PC: Under current law, Workers' Compensation benefits are not subject to either state or federal income tax. Q: How do I settle my case? Allan W. Ben, PC: Workers' Compensation benefits are normally paid on a weekly basis. There are a number of circumstances under which a worker can receive a lump sum payment. If a case is redeemed, the worker receives a lump sum payment from the employer and in return you give up all of your future rights for Workers' Compensation benefits. It is important to consult an attorney before settling your Workers' Compensation case to make sure you are receiving a fair settlement. |
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