All states vary when it comes to workers’ compensation. As a no fault state, benefits are paid by employers no matter who is at fault. These benefits will be paid either directly or through your insurance carrier and should not be confused with unemployment or insurance.
Wage Loss Benefits and Calculations
According to the law, you are entitled to weekly compensation benefits which may continue for as long as the disability and wage loss continues. For most people, the benefit rate afforded by wage loss benefits is 80% of your personal after-tax average weekly rate. These benefits are however, subject to a maximum rate. If you return to work and are receiving less than you were receiving when you were injured, you may be entitled to partial compensation benefits. In addition, if you lose a part of your body such as an arm or a leg or even a finger or an eye, you are likely also entitled to a specific amount for a specific number of weeks. If you are still unable to return to your job at the end of this time due to your injury, you may be entitled to further wage loss benefits.
Note: Your workers’ compensation benefits are generally not subject to income tax however, they may be affected by other benefits that you receive including sick or accident benefits or pension benefits, your workers’ compensation rate may be reduce by the after tax value of these other benefits.
Settlements
In some cases, a person who is receiving workers’ compensation may be able to draw all or part of that compensation in one lump sum. There are two methods by which this may be done:
Redemption of Liability – A complete settlement of all compensation in a lump sum from your employer. Though not required, it may be permitted after six months from the date of injury.
Lump Sum Advance – A prepayment of all or part of the employers established and undisputed liability. The employer may be ordered to comply if a person who is receiving workers’ compensation application for a lump sum advance is approved.
These are just a few of the issues which may or may not arise when dealing with workers’ compensation claims. Choosing the right workers’ compensation law firm in Northern Michigan is important to helping you make the right decisions for you and your family. From injury to claim to recovery, a workers’ compensation attorney can help you.
If you are in search of workers’ compensation law firms in Northern Michigan, APKH&C is there for you. Located in Gaylord MI, we offer a free case review to assist you. If you facing an issue with workers’ compensation and need a law firm in Northern Michigan, contact us today. You may contact us online here or feel free to call us toll free at 1.877.732.2491.