Workers’ Compensation for Workplace Injuries
In most cases, Workers’ Compensation is the only method that an employee can use to claim damages against an employer. However, in certain circumstances, there are exceptions such as:
- The employer has inadequate Workers’ Compensation Insurance
- Defective Products
- Toxic Substance
- Intentional harm
- Third-party claims that are not made against your employer
Workers’ Compensation Benefits
Workers’ compensation benefits vary state to state. Those awarded workers compensation in Michigan may receive:
- Wage-Loss Benefits – In Michigan, employees can receive up to 80 percent of the after-tax value of their wages. Employees lost wages benefits are calculated based on the average highest amount of money an employee received for 39 weeks prior to the accident occurring.
- Medical Benefits – According to Section 315 of the Workers’ Disability Compensation Act, employees are entitled to all medical care that is deemed reasonable and necessary, such as hospital and surgical services, dentistry, hearing aids, and so on. The employer has the right to choose the employees doctor within the first ten days of treatment.
- Vocational Rehabilitation Benefits – Vocational rehabilitation includes anything from changes to the worker’s station or even assistance from vocational rehabilitation or state agencies to help the worker find a new job with the same or a different employer.
- Death Benefits – If an employee has passed due to a work injury, their dependent will receive their wage loss benefits.
For more information about Michigan workers comp benefits, please see Michigan state’s official Workers’ Compensation Document.
Social Security Disability Income
In addition to Workers Compensation, if your injury resulted in a permanent disability you may be entitled to Social Security Disability Income. However, if a person were to receive both workers compensation and social security disability income, the benefits won’t be able to exceed 80 percent of their average current earning due to workers compensation offset.