Detroit Workers' Compensation FAQs
Can I see my own doctor for treatment for my injury?
Yes, but only after 28 days. For the first 28 days, the employer/insurance carrier can dictate your medical treatment. They can tell you where you have to go and what doctor you have to see. After 28 days, you are free to see a doctor of your choice.
If I am unable to work after an injury, how long do I have to wait to receive my time loss compensation?
If you are unable to work for more than three days immediately following the injury and remain disabled, the Workers’ Compensation board of the self-insured employer will usually pay time loss within 14 days of the date the accident report is received.
The report must include certification from your doctor showing you are unable to work as a direct result of an on-the-job injury or exposure.
Can I sue my employer or my coworker for causing the injury?
Most of the time, the answer is no. The Workers’ Compensation system was established as an alternative to suing employers in court in exchange for benefits. Since most employers are required by law to provide Workers’ Compensation insurance, the employers are protected from personal injury claims brought by injured workers.
Does my employer have to hold my position open for me if I'm absent due to a workers' comp injury?
No. Your employer is not required to hold your job open for you. Your position may remain open for a short time under the Family Medical Leave Act (FMLA), but your employer does not have to hold your job on a long-term basis.
However, it is illegal for your employer to fire you from the company because you have filed or attempted to file a Workers’ Compensation claim.
What if I am never able to return to any type of work because of my injury?
You could receive your weekly Workers’ Compensation benefits until the age of 65 then there will be certain restrictions that kick in. The Workers’ Compensation carrier would continue to be responsible to pay for reasonable and related medical care.
What do I do if my claim is rejected or the Department denies benefits on my claim?
If your claim was denied, you are entitled to an appeal. Filing an appeal can be a lengthy and expensive process. Contact Levine Benjamin immediately if you receive a denial or rejection order from the Workers’ Compensation board. We can review your claim and take appropriate action within the protest or appeal period.
Any unfavorable decision must be protested or appealed within 60 days of receipt or it becomes final and binding.
How will my time loss compensation be calculated?
The highest 39 weeks of gross wages out of your last 52 weeks prior to your injury (including overtime) are used to calculate your compensation. You can then look online or in the Workers’ Compensation Agency’s guidelines under your tax filing status and year of your injury to figure out your compensation rate.
Your Workers’ Compensation rate is a tax-free benefit and is usually between 60-65% of your gross average weekly wage (AWW) with certain maximums per year of injury.