Workers' Compensation

1. Are you covered by the Worker's Disability Compensation Act?

The general rule is that employers are required to carry insurance in Michigan. However, certain exceptions do exist. For example, most Federal employees are covered by the Federal Employees' Compensation Act, USC 8101, seq.

Another exception is created based on the number of employees. Section 115(A)(b) provides that if an employer regularly employees 3 or more employees at a time or employed 1 worker for 35 or more hours per week for 13 out of the 52 weeks, they are required to provide security for the payment of benefits.

This often leads to the question whether an individual is an employee or independent contractor?

However, a self-employed person or the owner of a business that is a sole proprietorship is not an employee and is not subject to the Act. This does not mean that if you are injured working for one of these small employers that you cannot recover Worker's Compensation benefits.

2. Did the injury arise out of and in the course of employment?

Section 301 of the Act provides for the payment of Worker's Compensation benefits to an employee who suffers a personal injury "arising out of" and "in the course of employment".

In many instances, the answer to this question may be in dispute. A Firm experienced in Worker's Compensation such as Corriveau Law have argued over 30 years the causal connection required to recover.

The general rule is that an employee going to or from work are not considered within the course of employment. However, exceptions do exist. Your case needs to be examined individually by our experts to determine if you meet the test applied by the courts.

Other commonly litigated areas of dispute are often seen such as:

• Whether the injury occurred on employer's premises?
• Whether employee actions benefit employer?
• Whether business travel was involved?
• Whether employee is barred by reason of his own intentional act?
• Is your injury caused or aggravated by work?

Often the cause of an injury or disability is easily determined but instances occur where this can not so easily be seen. The law also provides for compensation for your work related injury to a previous condition that has been aggravated by your current employment.

In pursuing your rights it is important that you receive and be able to offer to the Court credible and expert medical testimony.

At Corriveau Law we have created associations with experts in fields necessary to obtain successful results.

In cases involving mental, heart, and aging, one can recover by proving work aggravated the condition in a significant manner.

A disability is compensable if either a single event or repeated events wither caused or contributes to a disability or aggravates a pre-existing condition.

Although Worker's Compensation is not payable for the ordinary diseases of life, it is payable for their aggravation.

WAGE LOSS

Generally, a worker's wage loss benefits are equal to 80% of the after tax value of his or her weekly wages, subject to certain minimum and maximum limits.

If a worker returns to a lower paying job, but continues to be affected by work related injury, they may be entitled to wage loss benefits equal to 80% of the difference between the wages earned at the date of the injury and the wages of a new job.

However, determinations of date of injury are sometimes not clear.

CONTINGENT FEE

Our attorney fee is based on State Law which regulates our attorney fee based on the amount of money we are able to secure for you. There are no attorney fees if we are not successful in representing you.

FAMILY LAW

Often, the stress and strain of coping with disability and injury results in damage to one's personal life. Our firm is equipped to handle all your legal needs that may arise as a result of injury such as divorce, child support, and be can advise you best on how to protect your rights.

SOCIAL SECURITY DISABILITY

If you become disabled you may also qualify for Social Security. Our attorneys can guide your decision and treatment towards meeting this goal if you are eligible.

For a free initial consultation about workers' compensation with an attorney at our Northville firm, call 248-782-5202 (877-701-4991 toll free) or fill out the contact form on this site.