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Injured and cannot work. What do you do? As with many legal questions, the answer is it depends. First, it depends on where you live. Each state has totally different laws. Second, it depends on how you were injured.
In Michigan, a person who is injured on the job is entitled to worker's compensation benefits. If you are injured in an automobile accident, you are probably entitled to "no-fault" benefits that include medical care and wage loss replacement. Otherwise, a person must be able to show that someone else caused their injury. Additionally, there may be disability insurance (often called "short term disability", "long term disability" or "sick and accident benefits").
Throughout the United States a person can also obtain help from the federal government in the form of social security benefits.
In the next post, we will discuss the different definitions of the word "disability" in order to collect worker's compensation, disability insurance, and social security.
This is for information only. Each person's situation is different. You should call us at 1-248-354-4444 for a free consultation and a complete explanation of your rights.
The definition of disability can vary in every area of the law.
If you have a disability insurance policy (either provided by yourself or your employer), the definition of disability is controlled by the policy itself.
Worker's compensation is controlled by state law. Each state is different. In Michigan, disaiblity is defined as a job caused or aggravated injury or illness that resutls in the inability to work at a person's maximum earning capacity, based upon their qualifications. Usually, this is the job they were performing at the time of the injury. To collect Michigan worker's compensation, you must be off of work more than 7 days.
Social security is a federal law that is applicable in every state. Disability is defined as havng an objectively manifested injury that has lasted or can expect to last for a continuous period of more than 12 months and result in a person's inability to engage in substantial gainful activity based upon their age, education and work experience. For a person between the ages of 18 to 50, this usually means a person must be totally disabiled and unable to perform all unskilled jobs that exist in the national economy.
Next we will explore the definition of disbled in Michigan worker's compensation.
This is for information only. Each person's situation is different. You should call us at 1-800-541-3000 for a free consultation and a complete explanation of your rights.
Law Office of Peter Verros
41000 Woodward Ave
Bloomfield Hills, MI 48304
Phone: 248 419-0465
Fax: 248 455-0240
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