//not the thank-you page Detroit Workers Compensation Lawyer | 99% Success Rate

Detroit Workers’ Compensation Lawyer

 

Personal Injury Results

$15.3 MILLION | AUTO ACCIDENT (WAYNE COUNTY, MI)

$3 MILLION | PEDESTRIAN ACCIDENT (INGHAM COUNTY, MI)

$2.1 MILLION | PREMISES LIABILITY (OAKLAND COUNTY, MI)

$2 MILLION | TRUCK ACCIDENT (OAKLAND COUNTY, MI)

$1.9 MILLION | AUTO ACCIDENT (WAYNE COUNTY, MI)

Representing Injured Workers

Injuries at work can range from slipping on the stairs to serious accidents while using heavy machinery. No matter the cause, it means time lost from work and time spent in doctor’s offices or hospitals while recovering.

In Michigan, workers’ compensation insurance is available to pay for on-the-job injuries when you cannot work because of a workplace injury. However, not all workers know their rights under the laws. Filing for workers’ compensation can be complicated and require documentation the worker doesn’t know how to obtain. Or the claim may be rejected and need to be appealed.

In these cases, you may need the help of a Detroit workers’ compensation lawyer to help you get the compensation you need. At Goodman Acker P.C., we have the experience and knowledge to help you get the justice you need to recover.

How We Can Help

When you are injured at work, you have many things to worry about besides filling out paperwork and dealing with insurance agents. You have doctor visits and medical bills on your mind and wondering how to pay for things without a regular paycheck.

This is why you need the assistance of an experienced workers’ comp lawyer. Your attorney can handle the details of gathering documents and meeting filing deadlines so you can concentrate on getting better and returning to work.

The Detroit workers’ compensation lawyers at Goodman Acker P.C. have more than 25 years of experience handling cases in the Michigan Tri-County area. We have obtained million-dollar settlements for our clients through relentless advocacy and negotiation. And when it’s time to go to court, our attorneys are well-prepared with all the evidence we need to persuade the jury on your behalf.

When you need a workers’ comp attorney, call Goodman Acker P.C. at 248-286-8100. We’re here to help you 24/7 throughout the Central Michigan area.

Why Choose Us

Goodman Acker P.C. provides legal services for clients in Detroit and throughout the Tri-County area. We have won million-dollar awards for our clients both in and out of court. We support community causes that seek justice for everyone, regardless of their legal matter. Goodman Acker P.C. believes in providing honest, ethical, and knowledgeable attorneys for all clients.

We provide clients with top-tier legal services. When you come to Goodman Acker P.C., you can rest assured that our attorneys and legal team will be focused entirely on your case throughout your time with us, from the first filing through the settlement or trial. You are hiring not just one lawyer but the entire team at Goodman Acker.

There are no guarantees in law. Goodman Acker does not promise any client a successful outcome. But we promise to be honest and straightforward with you in all our dealings. We will explain the pros and cons of taking your case and review all potential outcomes. We want you to understand what may happen as your case goes through the system, without jargon or “legalese.”

Our goal is to protect your rights and ensure you receive the compensation and justice you deserve. If you have questions or concerns, our team is here to get you the answers you need. You will always know where you stand with Goodman Acker P.C. 

How Michigan Workers’ Compensation Works

The Michigan Workers’ Disability Compensation Act provides no-fault coverage for all workers who are injured or become ill due to their employment. All private employees and most public workers are required to be covered by workers’ compensation insurance. An employer must carry workers’ compensation if they have three or more workers.

Workers’ compensation is intended to cover “injuries which arise out of and in the course of employment.” It includes illnesses or conditions “due to causes and conditions characteristic of and peculiar to the employer’s business and that arise out of and in the course of the employment.”

For instance, if you typically work with vibrating machinery and develop nerve damage in your hands, you might not be able to point to any one day you became “injured,” but the injury is clearly due to “conditions peculiar” to your employment.

Filing for Workers’ Compensation Benefits

Workers’ compensation claims have some important requirements and filing deadlines. If you fail to meet these deadlines, your claim can be denied.

  • Report your injury immediately. Before filing for workers comp, you must immediately report your injury to your employer. You have 90 days to report an injury or work-related illness to your employer, but you should do so as soon as reasonably possible.
  • You have one year from the date of injury to file for wage loss benefits if you are unable to work and need supplemental income. 
  • You have up to two years from the date of injury to file a workers’ compensation claim for medical benefits. However, the sooner you file, the sooner you will begin receiving benefits.

These extended deadlines are due to the nature of workplace injuries. If you are seriously injured and must be hospitalized, you will obviously need workers’ compensation. However, if you suffer a slip and fall injury or develop a back injury from repetitive lifting, you may not know the exact date of the injury. Or, what seemed like a minor injury when it happened may develop over time into something more serious.

This is why you must report all injuries, however minor, to your employer right away. Even if they seem insignificant at first, they may develop into something that needs intensive treatment.

Types of Benefits and Coverage

  • Medical Coverage. Your medical benefits begin immediately. Michigan workers’ compensation pays for all medical care that is “reasonable and necessary” for your treatment for as long as the condition lasts. A chronic condition that requires ongoing treatment could be covered for the rest of your life. Medical coverage will not cover experimental, off-label, or pre-existing conditions unaffected by the workplace injury.
  • Wage loss benefits. If your injury keeps you from working for more than seven days, you can file for wage loss benefits beginning the eighth day. If your injury keeps you out of work for more than 14 days, you can get benefits for the first seven days you were out. Wage loss benefits equal about 80% of your wages after taxes.
  • Vocational rehab. If your injury results in a disability that will prevent you from returning to the same type of work, you have a right to retraining and education for other employment. This may include retraining to continue working with the same employer.
  • Long-term disability. If you are declared permanently disabled and cannot return to work, you need to show you can no longer earn wages at any employment due to your injuries. In this case, you will need the services of a disability attorney.

If you disagree with your employer or the doctor about the progress of your claim, you have the right to dispute the claim through the Workers’ Compensation Board of Magistrates. In most cases, you must dispute the claim and go through mediation before taking your claim to litigation.

Independent Contractors and Workers’ Compensation

With the rise of remote work and gig workers, workers’ compensation for independent contractors hired by businesses has become an important question. Are these part-time workers covered if they are injured on the job?

The simple answer in Michigan is “no.” Under Michigan law, an independent contractor is not considered an employee as defined by the Workers’ Disability Compensation Act and therefore is not covered by the benefits and protections provided by that Act.

An employee covered under the Act may not:

  • Maintain a separate business
  • Hold themselves out to and render service to the public
  • Be an employer subject to this Act.

In Auto Owners Ins. Co. v. All Star Lawn Specialists, (Michigan Supreme Court, 2014), a worker filed a claim against his employer’s auto and general liability insurance after an accident. The insurance companies said that he should have been covered by workers’ compensation since he was an employee. The court held that if a worker meets any of the three factors listed above, they are not considered an employee.

However, employers must be careful of how much control they exert over independent contractors. In the California case Alexander, et al. v. FedEx (765 F.3d 981, 2014), the Ninth Circuit held that FedEx had misclassified “contractors” by requiring drivers to wear uniforms, drive marked trucks, follow set routes, and otherwise behave as employees.

The courts have also observed that liability claims for negligence against employers can lead to awards considerably greater than the cost of workers’ compensation payments for the same injuries. An employer may be “penny wise and pound foolish” to refuse insurance coverage to independent workers.

If you are considered an “independent contractor” but have been injured at a workplace and believe you may have been misclassified (meaning you are actually an employee), you need legal advice before proceeding with your claim. Contact Goodman Acker P.C. right away for a review of your case.

Frequently Asked Questions

Before you contact Goodman Acker’s legal team, you may have some basic questions about your case. These are some of the most common questions our clients ask us.

Some people prefer to use their personal insurance to cover an on-the-job injury. You are not required to file workers’ compensation, but you should discuss the matter with a legal professional before deciding. If you do not report the injury to your employer, you you will not be able to cannot file for coverage later. If you are hesitant to report the injury for fear of losing your job or suffering other retaliation, you should contact an attorney immediately.

Maybe. Section 301 of the Act states that an injury must “aris[e] out of and in the course of employment by an employer who is subject to this act at the time of the injury.” So, for instance, an injury that happens before or after work may not be covered. An injury at a holiday party might not be covered unless attendance was is compulsory.

You might not be covered if you were engaged in horseplay or using equipment in an unapproved manner and your injury resulted from that misuse. The courts have acknowledged that some misbehavior occurs at most workplaces, and some injuries happen; however, there are limits. Those limits usually occur when your employer has expressly advised you to stop doing something, or there is a rule against using equipment in a particular manner.

Sometimes. If your pre-existing condition is aggravated or accelerated by your job, and you and your doctor can demonstrate that the progression of your condition was due to your employment, you may be able to file a workers’ compensation claim. There are other requirements for filing this type of claim, and you should consult an attorney first.

You should contact an attorney immediately if you need to appeal a claim. A number of procedures need to be followed for your appeal to be heard. You must send your appeal to the Appeals Commission within 30 days of receiving a final order from the Magistrate Board to request a hearing.

Claims may be denied for various reasons, so don’t despair if your claim is rejected. Instead, call Goodman Acker P.C. and let us review your claim forms. It may be as simple as a lack of supporting documentation or inadequately prepared forms. Our attorneys will look at the paperwork, and if an appeal needs to be filed, we will let you know what you must do to proceed.

Contact a Detroit Workers’ Compensation Lawyer at Goodman Acker Today

The legal team at Goodman Acker P.C. knows our clients don’t just want money, they want to get over their injuries and get back to work. We are here to make that happen as quickly as possible. We have offices in Detroit and throughout the Tri-County area so that you can reach us easily.

If you want to meet with us remotely, our attorneys can be available to discuss your case.  Call our office at 248-286-8100  fill out our intake form for an appointment.

 

Attorney Barry Goodman

LEGALLY REVIEWED BY BARRY J. GOODMAN

Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]