Since 1912 the Workers’ Disability Compensation Act has governed injured workers and employers in Michigan. Monitoring and providing compensation to injured workers in Michigan’s workforce, the Workers’ Disability Compensation Agency’s mission is to ensure you get prompt, courteous and impartial service when it comes to your workers’ compensation claim.
What are your rights and responsibilities?
As a Michigan employee or employer, you have certain rights and responsibilities when it comes to workers’ compensation. These rights and responsibilities are the same for everyone and can be found on the State of Michigan website. Take a look with us at your rights and responsibilities and those of your employer.
Your Rights
- Most workers are covered from the date of employment under workers’ comp
- You are entitled to receive lost wage benefits, medical care and rehabilitation services
- In most cases wage loss benefits are calculated by taking the average of the highest 39 weeks wages of the last 52 weeks of gross wages before your injury
- In some circumstances, the value of discontinued “fringe benefits” may be included in determining the average weekly wage
- Weekly payments will be paid to you for the duration of your disability and wage loss
- You may be eligible for Family Medical Leave Act benefits as well
- You have the right to medical care and benefits indefinitely
- You have the right to choose a doctor after the first 28 days of treatment
- You may have the right to vocational rehab
Your Responsibilities
- Report all injuries immediately to your supervisor
- You have a responsibility to maintain regular contact with your employer
Rules Regarding Workmans’ Compensation
- The work must cause the disability
- Considered the “exclusive remedy” most cases do not allow you to sue your employer
- There is a 7 day waiting period for benefit payments
Employer Responsibilities
- According to the Workers’ Disability Compensation Act, all employers must provide proof of insurance or be approved for self insurance.
- You must ensure that all necessary and reasonable treatment is provided in a timely fashion
- You must provide a wage history
During a workers’ compensation claim, there will be a lot of things going on and navigating your way through the appointments and paperwork can be overwhelming, especially while you are injured. If you are facing a workers’ compensation claim, don’t wait; contact APKH&C, a Workers Compensation Law Firm In Gaylord MI to help you. If you have questions or would like to find out if you have a claim, contact us online here for your free consultation or call us at 877.732.2491.