Workers' Compensation
Written by: Bruce L. Weider | 5.22.2023

Understanding the Workman's Comp Denial Process

Most businesses in the state of Michigan are required to carry workers' compensation insurance coverage. This coverage is meant to help pay for a portion of an employee’s wages, medical costs, and rehabilitation benefits if an employee is injured while on the job. However, filing a workers’ compensation claim does not mean that it will automatically be approved, and a workman’s comp denial does not necessarily mean the injured employee is left without recourse. Workers whose claims have been denied may decide to respond by connecting with an attorney who knows how to handle claim denials and what must be done to improve the chances of achieving financial compensation. Schedule your confidential consultation with the Michigan workers’ compensation attorneys at Bruce L. Weider, PC by calling (734) 485-0535 today.

Do Businesses in Michigan Have to Have Workers’ Compensation Coverage?

The Michigan Department of Labor and Economic Opportunity (LEO) indicates that most businesses in the Wolverine State must carry workers’ compensation insurance coverage. Businesses must show that if there is an injury-causing accident at work, they will have some way to pay injured employees benefits. Employers that fall under the following categories must have coverage:

  1. Private employers that have one or more employees that work 35 hours or more each week for at least 13 weeks a year.
  2. Private employers who have three or more employees at any time. Part-time employees are included in this specification.
  3. Agricultural employers that employ at least three employees that work 35 hours or more each week for at least 13 consecutive weeks.
  4. Households that employ anyone who works 35 hours or more each week for at least 13 weeks a year.
  5. Public employers.

How Long Does It Take To Get a Workers’ Compensation Settlement?

There tend to be three common questions that injured workers have when they speak with an attorney. These are concerning if they have a case to file a claim, what their claim is worth, and how long it will take to reach a settlement. All of these questions are understandable considering an injured worker may be unable to return to work for some time and could be worried about how they will pay for their medical care and also make ends meet while they are at home recovering.

In terms of the length of time it will take to get a settlement, it is important to know that most settlements do not come quickly nor are they paid out at a rapid pace. There will be a certain period of time that an injured worker will have to wait when successful negotiations lead to a settlement. From the date when a claim is filed to the date that the check is cut can take a year, even a year and a half. The specific details of your case will ultimately determine the timeline.

Reasons Why a Workers’ Compensation Claim Would Be Denied

Before discussing what to do if a workman’s comp denial happens, it can be helpful to understand under what grounds a claim may be denied. Any of the following may be the reason a worker’s compensation insurance company cites for denying a new claim:

  • Michigan statutes governing workers’ compensation indicate that an injured worker must report their accident to their employer no longer than 90 days after the incident took place. Additionally, an injured worker only has two years from the date of their injury accident to file their claim. Failure to meet these time limits could be why a claim was unsuccessful.
  • The injured worker does not have sufficient enough medical documentation to prove physical bodily harm resulted from an accident at work.
  • The only doctor that an injured worker visited for an examination was their own. Workers are required to see a physician who has been approved by their employer's workers’ compensation insurance provider. 
  • The workers’ compensation insurance provider can show that a victim’s injuries happened outside of the workplace and were unrelated to employment-related activities.
  • The insurer can show that the injured worker’s pre-existing conditions are responsible for the worker’s discomfort and no new injuries sustained at work caused physical bodily harm.

Injured Workers Have Options

No one wants to experience a workman’s comp denial. An insurance company’s refusal to pay much-needed benefits can be a source of great stress and confusion for the injured worker, their family, and at times their employer as well. However, if a claim is denied the good news is that it can be possible to file an appeal as a remedy to this alarming situation. Upon a successful appeal, an injured worker can often obtain the financial compensation they need for their damages.

Due to the frequently complicated nature of filing a claim and appeal, an injured worker may benefit from obtaining help from a legal professional. Legal support can be especially valuable when the worker is trying to recover from their injuries as they pursue their claim, since recovery can be a difficult task in itself. An experienced attorney can offer legal guidance and experience to help an injured worker better navigate the workers’ compensation system. For Michigan residents, the workers’ compensation law team at Bruce L. Wider, PC may be able to answer questions about the workers’ compensation appeals process.

Speak to a Michigan Workers’ Compensation Attorney Today

Being injured while at work is not what anyone wants, but workplace injuries are unfortunately all too common. When a workers’ compensation claim is filed the ultimate goal is to recover financial compensation to help with damages. However, denials are frequent occurrences as well. While a workman’s comp denial is undoubtedly a frustrating experience, injured workers can sometimes remedy their situation by filing an appeal. Navigating the workers’ compensation system in Michigan can be challenging. However, injured workers can find help and support. If you were injured at work and have questions about your workman’s comp denial, please consider calling Bruce L. Weider, PC at (734) 485-0535 to schedule a free initial consultation.

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Get the compensation you deserve

If you are in need of a workers' compensation attorney, contact us today. We have a track record of success in helping injured workers obtain the compensation they deserve. We understand the challenges that injured workers face, and we are dedicated to providing compassionate and effective legal representation from start to finish.

301 W. Michigan Ave.
Suite 315 Ypsilanti, MI 48197
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(734) 485-0535
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