The Importance of Taking the Right Legal Actions After A Workplace Injury

Workplace injuries are generally a common occurrence on the job. Over 86,000 nonfatal workplace injuries were reported in 2019 among the private sector employers in Michigan. Employees in some industries like construction have a higher risk of injury on the job compared to others. In 2016, OSHA (Occupational Safety and Health Administration) reported more than 20% of worker deaths were in the construction industry. Two-thirds of these fatalities occur due to four reason:

• Workers’ fall
• Worker struck by an object
• Electrocution
• Worker caught in (or between) incidents

Every injury or fatality at the workplace is normally preventable. It is usually common that someone else’s reckless or negligent behavior of not adhering to safety protocols or ignorance of an unsafe condition causes the injury.

Despite a majority of employees having heard of workers’ compensation, very few know exactly what it covers. It pays medical bills, a rate of lost wages, and vocational rehabilitation. Accepting compensation benefits means that employees lose their right to sue for pain and suffering.

The law requires private employers to have workers’ compensation insurance. You cannot sue your employer for injuries sustained on the job unless the job environment is not safe or the employer knowingly caused you harm. Under the workers’ compensation insurance, the employer has to include all of their employees in the insurance coverage. Benefits gained through workers’ compensation do not depend on whether you are responsible for the accident or not.

So, What Is The Importance Of Taking The Right Legal Action After A Workplace Injury?

The state of Michigan gives you up to 90 days after the day of injury to report a workplace injury. To avoid cases of suspicion, either by your employer or the insurer, do not wait until the next day to report an accident. 

1. To Counter Any Disputes

Under Michigan law, oral or written accident reports are both recognized. However, it is good practice to write the report through (email, text message, or a letter) which helps your case in the event a worker’s compensation dispute arises. When you suffer an injury at work, contact a personal injury law firm where a leading workers compensation lawyer in MI will guide you on the importance of taking the right legal actions after a workplace injury. A workers’ compensation claim must be made within two years of the workplace injury. Michigan law provides that you should never lose your job for making a workers’ compensation claim. 

A written claim is important once again to resolve a dispute either by the employer or the insurer. Employers can at times refuse to accept a claim, coming up with justifications. This is usually a sign of their intention to refuse a notice or claim to stop compensation benefits. When your employer fails to present your workers’ compensation claim on your account, you can then do it on your own under form WC-117.

Insurers and employees use the following grounds to dispute the payment of your workplace injury claim:

• You reported the injury late.
• You did not file any claim.
• Some of your co-worker’s statements may help the employer’s or insurer’s case. 
• Conflicting medical evidence.

2. To Recieve The Right  Compensation

A lot of attorneys note that independent medical examination (IME) and post-injury earning capacity assessment (PIWEC) minimize or end the payment of workers’ compensation benefits. If your claims are disputed, you can file an Application for Mediation or Hearing. 

This is an official procedure that has the magistrate determine if you need to be reimbursed supplementary workers’ compensation benefits. You will have to provide continuing needs by availing medical and vocational evidence. 

3. When Your Employer Is Not Responsible For The Damage

There are times when your employer is not the only one responsible for your workplace injury. A third party includes an equipment manufacturer or even a risky worksite. Third parties can be somewhat accountable for workplace injuries. 

You can in such a case file a lawsuit against them for damages beyond the regular workers’ compensation claim. Third-party claims are not governed by Michigan workers’ compensation laws. You may be liable to recover damages from the third party for your pain and suffering together with the benefits covered by workers’ compensation claims.

The denial of workers’ compensation claims can prove difficult when you don’t have a reliable legal representation. In the case that your claim fails, a reasonable attorney delves into legal options for appealing the denial. It’s critical to find a law firm that is well versed with Michigan personal injury laws to represent you if you suffer an injury in your workplace.