When you’ve been injured at work, it’s important to immediately report the injury and seek the necessary medical treatment. Starting a worker's compensation claim will depend on the extent of the injury, and certain protections can be afforded to you as an injured worker in Michigan. Filing for these benefits can be complex, and hiring an attorney with in-depth knowledge of the legal process is crucial to ensure you receive the benefits necessary to take care of your family. The Law Offices of Bruce Weider have been successfully helping those who have suffered from a workplace injury receive the compensation that they deserve for more than 25 years. Contact us today to help safeguard your future if you’ve suffered an injury at work.
What is the 28-Day Rule?
The 28-day rule in the Michigan State Workers’ Disability Compensation Act states that while you are entitled to all reasonable and necessary medical treatments for injuries suffered from work. But during the first 28 days from when the care begins, Sedgwick has the right to select the provider for you. Sedgwick is a third-party administrator who manages workers’ compensation claims and plans in Michigan.
The worker’s compensation system is also responsible for paying for reasonable care, and the services must be provided until your work-related injury has stabilized. A workplace injury can leave you unable to work, and when you need medical care, your employer has the right to choose your medical provider, even if it’s not your primary care physician. That is their right based on the Michigan workers' compensation laws, but sometimes, the care providers they select are not the best.
Employer's Right to Choose a Doctor During the First 28 Days
If you were injured on the job in Michigan, you may wonder if they can force you to see a doctor of their choosing. While they cannot force you to accept any medical treatment, injured workers are usually sent to approved clinics for care and have been known to have their fair share of issues. These clinics have been known to be extremely busy, poorly funded and provide subpar treatment for patients. They cannot force you to see their doctor after 28 days; you should see your own medical provider who works in your best interests.
Your Right to Choose a Doctor After 28 Days
After the 28 days are up, it is recommended that you visit a healthcare provider of your choosing. The state cannot force you to see someone who is not your doctor. Companies are permitted to have an injured worker examined by a physician of their own choosing. This physician provides an Independent Medical Examination, and it’s common to have your benefits cut off after receiving an IME.
Receiving an assessment and medical treatment from your own healthcare provider will ensure you have the medical proof that your benefits were cut off unnecessarily. Hiring a skilled Michigan workers’ compensation lawyer will ensure you receive the benefits you deserve.
Notifying Your Employer
When the 28 days are up, you will need to notify your employer and Sedgwick that you are switching your healthcare provider to one of your own choosing. You will have to follow the process of informing them of the desired change and provide the name of the physician you have selected. Sedgwick can also deny this healthcare provider change request depending on the circumstances of the claim.
Obtaining Authorization for Treatment
If you’ve been denied a medical healthcare provider change in Michigan workers’ compensation claims process, you need a knowledgeable attorney to help appeal this decision and ensure that you receive the medical care you deserve.
The change may be denied for these reasons:
- Concern for unnecessary medical treatments
- A provider is out of network
- The new provider is significantly more expensive
- The new provider's ability to provide the appropriate care
Denying a preferred healthcare provider or workers’ compensation claim can be confusing and insulting. If your claim is denied, work with an attorney to make an appeal to the process and receive the compensation that you need after a workplace injury.
Appealing Your Worker’s Compensation Claim
After receiving medical care from the employer’s selected physician, many find themselves denied their benefits due to the medical examination findings. Some people are denied after the 28 day rule is complete, and they simply want to see their own doctor. Whatever the case may be, you have rights. If you’ve suffered an injury at your place of employment, you need someone to represent your interests in court.
Why Choose Bruce Weider, PC for Your Worker's Comp Needs?
Michigan’s workers are the backbone of the state’s economy, and when you face the consequences of an injury from your workplace, you need a legal team to ensure that you are taken care of.
The Law Offices of Bruce L. Weider will be able to explain the benefits you are afforded and ensure you receive the maximum compensation for your injuries, lost wages, and more. Contact us today so we can review your case as soon as possible, and you do not settle for anything less than you deserve.
