MICHIGAN
WORKERS’ DISABILITY COMPENSATION AGENCY
FAQ
Injured workers in Michigan have had the benefits of the Workers’ Disability Compensation Act, providing compensation for disability or death, resulting from a work-related injury or disease, regardless of fault, for the past 85 years.
The remedies and procedures provided by the Michigan Workers’ Disability Compensation Act is, except for a very narrow exception, an injured worker’s exclusive remedy against an employer for injuries or disease, resulting from employment.
Some Of The Questions Frequently Asked:
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What benefits are injured employees entitled to under the Act?
Answer: An injured employee is entitled to wage replacement, medical and rehabilitation benefits, as a result of a work-related injury or disease. Weekly compensation benefits may be claimed as long as a work related disability and wage loss continues. An injured employee is entitled to reasonable medical care for work related injuries or diseases. This includes medical, surgical, nursing and hospital services and under certain conditions, dental care, crutches and such artificial appliances as limbs, eyes, teeth, eyeglasses and hearing aids. If an injured worker is able to do some work but is unable to perform work for which he or she had previous training or experience, the injured worker is entitled to vocational rehabilitation which includes counseling, guidance, specialized job placement or short-term retraining.
Do all employers carry Workers’ Compensation Insurance?
Answer: No. However, if a private employer has three or more employees at any one time, or employs one or more workers for 35 or more hours per week for 13 or more weeks, the employer is subject to the Workers’ Disability Compensation Act.
What remedy do I have if my employer has failed to carry Workers’ Compensation Insurance?
Answer: A special fund has recently been established called "The Uninsured Employers’ Security Fund", to settle cases wherein employers have failed to carry insurance to pay for workers’ claims. This fund is administered by the State of Michigan. The Bureau of Workers’ Disability Compensation will notify the fund, whenever a case has been filed against an employer, who is neither self-insured nor carries workers’ disability compensation insurance.
What recourse do I have if my employer requires that I perform work beyond the restrictions recommended by my doctor?
Answer: You should always follow you doctor’s recommendations, as to work restrictions. If the employer refuses to adjust your work requirements to fit within the restrictions set by your physician, contact an attorney and request that arrangements be made to request a hearing before a Magistrate, to resolve the issue.
How is my wage benefit calculated?
Answer: The injured worker’s wage replacement benefit is determined by calculations establishing 80% of the after-tax value of the gross average weekly wage, based on the highest wage average for 39 weeks in the past 52 weeks, prior to the date of injury or the last day worked, but not exceeding a fixed State Average Weekly Wage amount. The weekly wage benefit, however, is sometimes subject to coordination with other benefits that the injured worker receives, as a result of the disability or the lack of employment available.
When must I report an on-the-job injury?
Answer: Details of work-related accidents or disease should be reported as soon as possible to the employer, supervisors or other persons in charge. Failure to give notice within three months may result in loss of rights to compensation.
Is it possible to receive a lump sum advance from future compensation payments or settle my case?
Answer: Yes. In certain cases, the Magistrate may allow you to draw all or part of your compensation in one sum. The Magistrate can order that the present value of some or all of the employer’s established liability be paid to you, even though the employer may object to such payment. Alternatively, a lawyer may be able, in an appropriate case, to negotiate a settlement or redemption of the employer’s liability through the payment of a single lump sum to you. You are not required to accept such a settlement. The Magistrate must approve each settlement before they become final. The settlement becomes final fifteen days after the Magistrate’s approval.
Must I submit to medical examinations arranged by my employer?
Answer: Yes. If you are an injured worker or have claimed a work related disease and are receiving workers' disability benefits, your employer can request, from time to time, that you submit to an examination by a doctor of the employer’s choice. Unreasonable refusal to do so will most certainly result in the discontinuation of benefits.
Answer: Yes. If a valid offer of a another position is made by your employer, within the restrictions set by your doctor, you are required to accept the position, but may be entitled to continued partial compensation, where your earnings are less that that earned on the previous job.
If you have concerns, that the requirements of the new position might exceed the restrictions set by your doctor, request that a complete job description be furnished for your doctor’s review and opinion. Resolution of a difference of opinion between your treating doctor and the doctor hired by your employer, will most likely require a Hearing before a Magistrate and it is best to employ counsel for that purpose.
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