If you have been injured recently while on the job it is important that proper care and documentation of your injuries is provided. Silbert Chiropractic specializes in musculoskeletal injuries and is certified to see injured workers in the state of Michigan. If you are still suffering from the work related injuries, you have a few options you may want to consider:
Examination and Consultation for Possible Care
Determination concerning Permanent Impairment due to the injuries
Remember that it is your right as an injured worker “to visit any BWC-Certified Provider” that YOU deem necessary. So the choice of care is actually determined by the injured worker. This is an important fact that the injured workers need to know.
Improper lifting in warehouse
Worker’s disability compensation is an employee benefit established in 1912 by the Michigan legislature which entitles employees who suffer injuries “arising out of and in the course of employment”, wage loss, medical benefits and rehabilitation. Compensation is provided for disability as a result of work related injury or disease, without regard to whomever may be at fault. Generally, if an employee is injured while traveling to or from work, there is no coverage; however, if the injury occurs on the employer’s premises or during work related travel, then the employee would be entitled to benefits. Benefits are paid by employers either directly or through their insurance companies. The following is a summary of your rights and responsibilities under the Worker’s Disability Compensation Act.
Give Notice Within 90 Days
If you get injured on the job, you should notify your supervisor immediately of the fact that you were injured. The law requires that an employee give their employer notice of an injury within 90 days after the injury. The law does not require that the notice be made in writing; however, it is best that any notice be given using an accident form provided by your employer. At the very least, give verbal notice to your supervisor that you were hurt on the job.
Health Care Benefits
Chiropractic and medical treatment shall be paid for by the no-fault insurer so long as the treatment is reasonable and necessary. These benefits are unlimited with the only requirement being that the injuries were incurred as a result of the automobile accident.
Make Claim Within 2 Years
Michigan law requires that an employee must make a claim for workers compensation benefits within 2 years after the injury. As with notice, the claim does not have to be in writing, but it is best that any claim be submitted in writing.
The law says that an employee is “disabled” when there is a limitation in the employee’s wage earning capacity because of a work related injury. Therefore, in order to receive benefits, there must be a work related injury and there must be a wage loss. As long as an employee is considered disabled, they would be entitled to receive benefits; however, if the employer or anyone else offers and injured employee a job that is within their abilities, the employee must accept the job or risk losing benefits. An employee does not have to accept any job which would pose a clear threat to their health or is not within a reasonable distance from their residence. Whether an employee can perform the job usually requires the expert opinion of a doctor. If a worker tries the job and is unable to do it, benefits are resumed.
What Medical Benefits Can Be Received
An employee who is hurt on the job is entitled to reasonable medical care to cure or relieve the effects of the work related injuries or disease. This includes chiropractic treatment; medical, surgical and hospital services; orthopedic devices and appliances as prescribed by the treating physician. The responsibility to provide chiropractic or medical treatment continues indefinitely so long as the need for the care is related to the work related injury.
Who Elects The Treating Doctor
During the first 10 days of treatment, the employer has the right to choose the doctor. An employee may not go to a doctor of their own choice during the first 10 days unless they first obtain heir employer’s permission. After 10 days, the employee has the right to choose to see a doctor of their own choice; however, this requires giving notice to the employer of their intent and providing the employer with the name of the physician.
How Are Medical Bills Handled
Generally, the chiropractic physician or other health provider will send their bills directly to the employer or its insurance company.
What Wage Loss Benefits Can Be Received
An Employee is entitled to wage loss benefits which are usually 80% of the after tax value of their wage loss. Not only can an employee include their total earnings as wage loss, but fringe benefits are also considered in determining the employee’s total wage loss. Fringe benefits include the cost of health insurance, an employer’s contributions to a pension plan and vacation and holiday pay.
How Is Wage Loss Determined
The Bureau of Worker’s Disability Compensation publishes tables which are used to determine what 80% of the after tax value of a given wage would equal. Many factors are included in this calculation, including the tax filing status, the number of dependents and the state and federal tax rates. The Bureau of Worker’s Disability Compensation also places a cap or a maximum rate as to the amount of weekly benefits and employee may receive. If an employee is employed by more than one employer at the tie of injury, the earnings from both employers are added together to calculate the average weekly wage.
When And How Long Are Wage Loss Benefits Paid
The law requires that prompt payment of benefits be made on the 14th day after the employer as notice of the disability. Benefits continue so long as the employee is disabled; however, there is a 5% yearly reduction beginning with the employee’s 65th birthday which would continue until the age of 75. There also may be a reduction in benefits if an employee receives old age Social Security benefits, pension or retirement benefits or benefits from a disability insurance program paid by the employer. There is no affect on worker’s compensation benefits on monies received from Social Security Disability.
If you have a work related injury, call our friendly staff to find out how we can help you at (734) 285-0020.