Frequently Asked Questions ?

A In Michigan, you have to be off work one week before you can get wage loss benefits if you cannot work or the employer cannot accommodate your work restrictions. This would start on the eight day post-injury. If you are off work more than two weeks, you get wage loss going back to day one.

A Workers' compensation is primary for wage loss and medical benefits, but you can also file a No-Fault claim and possibly also sue the at-fault driver. No-Fault pays 85% of wage loss, which is more than the 80% of take-home that workers' comp pays, so after comp pays, you may well have "differential" benefits owing from No-Fault to take you up to 85%, beyond what comp pays.

A In Michigan, you can get workers' compensation and file a lawsuit against "third parties" whose negligence caused your injury, but out of your negligence case recovery, you will have to reimburse the workers' compensation insurance company for about 2/3 of what they paid you in comp benefits.

AYou should apply for Social Security Disability, which you can do online or by going to your local Social Security office. You really don't need an attorney yet, but you should be prepared to provide the name of every place you have had treatment for the condition(s) you believe prevent you from working. Social Security grants benefits, generally, if you are incapable of working any type of job full-time, not just the job you were last working.

If you are denied by the local office, which about 80% of applicants will be, you need to file a request for an appeal, to have a hearing with an Administrative Law Judge. This is when you should contact me, since you have 60 days from getting the denial letter to request the Judge hearing. I will help you with the paperwork to file your appeal and obtain other medical information to hopefully help you win your case. But your hearing will likely not be for around a year from when you ask for the hearing.

If you don't have enough work earning credits and aren't eligible for Social Security Disability, you may still qualify for SSI- Supplemental Social Security, if you have limited assets and qualify medically.

A In Michigan, being a No-Fault state, you go to your No-Fault carrier to file an Application for No-Fault benefits, which can include wage-loss, medical benefits including if needed nursing care, and household replacement services if needed. You can sue the at-fault driver if you can show you have a 'serious impairment of body function". I will also review whether the at-fault driver is insured, since if he or she isn't, or carries less coverage than you have if you have underinsured insurance coverage (UIM) then you can make a claim against your own insurance company for UIM or uninsured motorist benefits (UM benefits). MAKE SURE IF YOU CAN AFFORD IT TO BUY A LOT OF UM/UIM COVERAGE- IT'S NOT VERY EXPENSIVE BUT CAN PAY OFF BIG TIME IF YOU HAVE A SERIOUS INJURY IN YOUR ACCIDENT.

A The insurance companies don't pay me when I send in my bills. What to do? (If the injury was at work, you have to file a "Form B" with the State Workers' Compensation Agency, like what an injured employee would, and your case is decided there. However, there is a fee schedule determining the amount the insurance company has to pay if they agree or are ordered to pay. If the injury was due to a motor vehicle accident, I can file a lawsuit suit, or join the patient's suit, to assert your right to payment. TO PROTECT YOUR RIGHTS, I MAKE SURE THE LAWSUIT IS FILED WITHIN A YEAR OF THE OLDEST DATE OF UNPAID SERVICE. ONLY FILING SUIT PROTECTS YOU!

A I can refer you to an attorney who has expertise in the type of case you appear to have. I have been in practice since 1980, but there are too many areas of the law for me, or anyone, to be expert in everything. I would refer you to an attorney who would better help you.