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| 1009 Washington Avenue Bay City, MI 48708-5780 (989) 892-6551 - Phone (989) 892-1568 - Fax info@stplaw.net - Email |
| | 1009 Washington Avenue | Bay City, Michigan | 48708 | 989-892-6551 - Tel | 989-892-1568 - Fax | |
| Copyright © 2007 Seward, Tally & Piggott, P.C. All Rights Reserved. |
| Worker’s Compensation - FAQ's What is worker’s compensation? It is compensation for disability or death as a result of accidental injuries or occupational diseases suffered in the course of employment. Who makes the payments of worker’s compensation? The employer directly or through an insurance company generally makes all payments. In certain circumstances payments may also be received from certain “funds” established by Michigan Law. Which employers must have worker’s compensation? - All private employers (except agricultural) who regularly employ three or more employees at one time. - All private employers (except agricultural) who regularly employ one or more employees for 35 or more hours per week, for a period of 13 weeks or longer during the preceding 52 weeks. - All public employers. Federal employees are covered under a separate compensation system. - Certain agricultural employers. Does my employer carry worker’s compensation insurance? First, ask your employer. If the employer does not tell you, you may write the Bureau of Worker’s Disability Compensation, 201 N. Washington Square, Lansing, Michigan, 48909. If I am hurt or contract an occupational disease on the job, what is the first thing I should do? You should report the details of any injury or disease immediately to your employer, foreman or other person in charge. If you fail to report the accident or injury within 90 days, you could lose your right to compensation if your employer is prejudiced by the failure. What are my worker’s compensation benefits? You are entitled to reasonable and necessary medical care from your employer after sustaining a job-related injury or disease. Medical care includes medical, surgical, nursing, and hospital services, medicines, and rehabilitation. You are also entitled to weekly worker’s compensation payments generally based on 80% of your after-tax average weekly wage, but not more than the maximum established by law. Your rate will be affected by the number of dependents as determined by the worker’s compensation law. How do I obtain necessary medical care? The law requires your employer or the insurance carrier to provide such medical, surgical and hospital services as are reasonably necessary to cure or relieve the effects of a work-connected injury or disease. Included are medicines, nursing care and mileage for medical examinations and treatment or rehabilitation. After 10 days from the beginning of medical care, you may go to a physician of your choice by giving your employer the name of the physician and advising that you intend to be treated by the physician. If your employer or the insurance carrier can show good cause why you should not be allowed to treat with your physician, the Worker’s Disability Compensation Bureau, after a hearing, may order you to discontinue such treatment or pay for the treatment yourself. When is compensation payable? Compensation is to be paid promptly and directly to an injured employee. Payments begin on the eighth day after injury. If the disability lasts two weeks or longer or death results, payments are made from the injury date. What happens if I disagree with my employer over payment of a claim? If you feel you are being denied any rights under the law, you are entitled to a hearing before a magistrate. The magistrate will make a decision based upon the facts presented at a formal hearing, which usually will include medical testimony. What are my rights in the event on an amputation or industrial loss of use of a member (such as an eye, finger, etc.)? You will be entitled to benefits for a prescribed number of weeks regardless of the actual time off work. You may be entitled to further compensation if you have a continuing wage loss as a result of the disability. The preceding is provided for informational purposes only. While every effort has been made to ensure accuracy, it cannot be relied upon as legal advice. Applicability of the legal principles discussed may differ substantially in individual situations. Therefore, you should consult with Seward, Tally & Piggott, P.C. |