Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, and any retraining necessary to restore them to the workforce.
If the worker is killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.
Workers compensation is compulsory in Michigan, which means that employers are required to provide worker's compensation insurance for their employees. This insurance can be provided through a private insurance carrier, or employers may self-insure. Waivers may be permitted. Employers with fewer than 3 employees are exempt, as are domestic employees employed for less than35 hours per week for thirteen weeks or longer during the preceding fifty-two weeks.
The employer selects the initial physician who will provide care, and the employee may choose after a period of time defined by law. Full medical benefits with no time or monetary limits are to be provided.
Temporary total disability payments are a percentage of the worker's wage and continue for the duration of the disability. They are subject to offsets due to benefits received through unemployment insurance, Social Security, or an employer disability, retirement, or pension plan.
Permanent total disability payments are calculated as a percentage of the worker's wage and typically continue for the duration of the disability. Benefits are offset by Unemployment Insurance benefits.
Permanent partial disability benefits are allotted based on a percentage of the worker's wage and may continue for the duration of the disability.
An employee's surviving spouse, or spouse and children may collect death benefits, based upon a percentage of the employee's wages and subject to a cap. A burial allowance is also available.
Michigan workers compensation laws stipulate that attorney fees for cases resolved through trial, appeal, are set at 30%, up to two thirds of the state average weekly wage. If the case is resolved through a redemption settlement, the limit is 15% of the first $25,000 and 10% of the balance.