workplace-injury

Workplace Injury Lawyer in Detroit

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In the United States, workplace injuries are an all-too-common occurrence. Workplace hazards disable over 100,000 employees each year, with 5,333 individuals killed by traumatic injuries. Occupational illnesses claim the lives of approximately 95,000 workers each year.

Injured workers face physical trauma and financial hardship from medical bills and loss of earning capacity. When a loved one suffers severe injuries, such as spinal cord damage, some families struggle financially to provide adequate care.

Michigan’s workplace compensation laws allow workers to receive a settlement for workplace injuries when they file a claim. When you need financial compensation to pay for medical expenses and wage replacement benefits, the legal team at Cochran, Kroll, & Associates, P.C. in Detroit can help you.

Not only can we help you with your workers’ compensation claim, but we can also thoroughly investigate your workplace accident and determine if you have a third-party claim. We have helped many injured workers, just like you, fight for a fair work injury settlement.

Michigan Workers’ Compensation Benefits

Under Michigan’s workers’ compensation laws, you can use these benefits to help with your recovery from your workplace injuries. You are entitled to the following benefits:

Wage-replacement benefits

Under Michigan’s workers’ compensation law, an injured employee may receive up to 80% of their after-tax weekly salary. In the event of a severe injury and a loss of wages, the benefits and wages may last a lifetime.

Medical benefits

Workers’ comp must cover the cost of any medical treatment you require because of your workplace accident. These include surgeries, transportation to and from medical appointments, and prescriptions. If you are disabled and need more help, you can also have attendant care for up to 56 hours per week and 24-hour nursing care.

Vocational rehabilitation

A workers’ compensation claim may also entitle you to vocational rehabilitation. You can access employment counselors who can help you get back to work, find a new job, or schedule you for training opportunities.

Although many workplace injury complaints are successfully resolved through workers’ compensation, the process can be complicated, and calculating lost wages can be challenging. An experienced workers’ compensation attorney at our law firm in Detroit can help ensure the recovery of all the workers’ compensation benefits and lost wages you’re entitled to.

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How Does a Workplace Injury Lawyer Help You

A worker’s compensation attorney can help you navigate the process, calculate what you’re entitled to in your workers’ comp benefits, and negotiate with the insurer. Working with a dedicated lawyer can ensure you get the best chance of getting the benefits you deserve after your accident.

Start a claim

To pursue a claim, you must submit the required documentation within two years of the injury occurring. You also need to notify your employer of your injury and intent to file a claim within 90 days of the accident. Gathering, filling out, and filing compensation documents can be challenging.

Your employer must also file an Employer’s Basic Report of Injury (Form 100) with the Workers’ Compensation Agency. This is a crucial part of the paper trail used when filing a compensation claim, and all parties involved in the suit should have a copy of the document.

An experienced workers’ compensation lawyer can help you navigate the complexities of the Michigan legal system and demystify confusing legal jargon.

Calculate your workers’ compensation claim

Accepting a settlement offer from your employer’s insurance carrier may not be enough to cover the medical costs of surgery, medical examinations, and other procedures for a work-related injury. You may also require attendant care from a family member for up to 56 hours and a home care nurse if you require round-the-clock care.

A workers’ compensation attorney can help you determine the proper compensation coverage for all your benefits. The attorney can negotiate an hourly payment and the amount of attendant care for your family member with the insurance company. They may also negotiate a higher hourly rate and extra hours on your behalf if you need 24-hour nursing care.

Consider your government benefits

Your loss of wages may decrease if you receive other government benefits, such as Social Security Disability. Reductions in workers’ compensation benefits start at 5%, and they may decrease by up to 50%.

If you are receiving workers’ compensation and government benefits, an experienced attorney at Cochran, Kroll & Associates, P.C. can devise a legal strategy to protect your benefits.

Negotiate a denial from the insurance company

The employer’s insurance company may dispute that the accident report contradicts your previous medical records or that the workplace accident did not directly cause the injury. Your insurer may request that you undergo an independent medical examination (IME) with a physician they choose if they disagree with your treating physician’s diagnosis of disability.

You can contest a claim denial through a formal dispute in Michigan’s workers’ compensation system. When your workers’ compensation claim is denied, you must work with a lawyer to file a formal disagreement. A lawyer may introduce evidence to support your claim at a hearing, such as medical documents and witness testimony.

Represent you against employer retaliation

Your employer and insurance provider have 30 days to determine if you can receive benefits. You should receive a denial letter from your employer or begin receiving your benefits within 30 days.

An employer may retaliate against you by terminating your employment or delaying your claim process. State and federal laws prohibit employer retaliation against an employee. Your lawyer can investigate your case to determine whether your employer retaliated against you because you filed a workers’ comp claim.

Assist with your third-party liability claim

If you are injured at work because of the negligence of a third-party, you can file a third-party claim against them. For example, you may ‌bring a personal injury claim against the manufacturer if a defective product caused your construction site accident injury. A personal injury lawyer can help you with your third-party claim and explain your legal options.

When to File a Personal Injury Lawsuit

Most on-the-job injuries are handled via workers’ compensation, but a personal injury lawsuit may sometimes be warranted. Workers’ compensation doesn’t allow compensation for pain and suffering in Michigan, but a lawsuit does. A personal injury attorney can assist you in determining additional damages to which you’re entitled if your employer, a manufacturer, or a third party’s negligence caused your injury.

You may recover the following economic damages in a lawsuit:

  • Medical bills
  • Loss of wages
  • Coverage for attendant care
  • Property damage
  • Other financial damages

Non-economic damages can also involve the following:

  • Pain and suffering
  • Emotional distress from the accident
  • Serious bodily injury

Eileen Kroll, our senior partner, has extensive experience in the medical and legal fields. She can use her knowledge to look over medical bills, imaging, and other pieces of evidence to connect your injuries to the workplace accident. She can also speak with expert medical witnesses to discuss the severity of your injury and its impact on your quality of life.

Work-related wrongful death claims

If a worker loses their life at work, such as in a construction accident, their family can file a workers’ compensation claim. The family can receive workers’ compensation death benefits for 500 weeks and $6,000 for burial costs.

In addition, the family can seek a wrongful death claim from a third party. The family may sue for their relative’s pain and suffering from the moment of injury until death. They can also sue for loss of consortium and society from their loved one.

Who is Excluded from Workers’ Compensation?

While most companies in Michigan are required to have workers’ compensation insurance, specific company structures are exempt. Workers’ compensation does not cover you if you work as a sole proprietor or with a partner. A limited liability company member who owns 10% or more of the company stock is ineligible for workers’ compensation coverage.

If a worker’s compensation policy exempts one or more specified spouses, children, or parents, they don’t receive workers’ compensation benefits. If you have injuries and are exempt from workers’ compensation coverage, a lawyer from Cochran, Kroll & Associates, P.C., can help you determine the specific statutes that may affect your case.

Get in Touch With a Workplace Injury Lawyer to Discuss Your Options

You can work with one of our lawyers at Cochran, Kroll, and Associates, P.C. for help with work injury and workers’ compensation laws. Our law firm can offer legal representation through every step of your recovery from a workplace accident.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.

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There is no obligation for a case evaluation & no fee is charged unless a recovery is made.
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