Corporations that misclassify employees as “independent contractors” deprive workers of basic legal protections and shift billions of dollars in costs to law-abiding taxpayers.

The Internal Revenue Service estimates employers misclassify more than 3 million employees, while a study by the U.S. Department of Labor revealed up to 30 percent of employers audited in nine states misclassified employees.

Certain industries appear to be more prone to misclassification than others. Trucking and construction companies have seen a rise in the number of misclassification cases.

As a general rule, a person who works at the direction and control of another is considered “employee.”
In contrast, an “independent contractor” is paid to provide a particular service or product, but its day-to-day work activity is not supervised by the company paying for the service or product. Independent contractors are not protected by laws governing minimum wages, overtime, family or medical leave, workplace health and safety, unemployment insurance, or workers’ compensation insurance.

Fortunately, government officials are stepping up enforcement of laws against employers that resort to this practice.

At the federal level, President Obama recently called for an additional $25 million appropriation for misclassification initiatives. Under the plan, the U.S. Department of Labor will strengthen investigation and enforcement, provide grants to help states address the problem, and slap heavy fines on businesses that violate the law. Meanwhile, Congress is working on new legislation to increase penalties and ensure that workers are notified of their legal rights.

In Michigan, the Governor created a special Interagency Task Force on Employee Misclassification. This task force is developing strategies to coordinate and strengthen enforcement mechanisms in the state and with other jurisdictions, and make recommendations for state legislative action.

One of the many consequences of misclassification is that it deprives workers who suffer on the job injuries of the right to workers’ compensation benefits.

Under Michigan law, nearly all businesses must carry workers’ compensation insurance coverage. If an employee suffers a work-related injury, he or she is eligible for workers’ compensation benefits, including wage loss, medical treatment, and rehabilitation services.

Workers’ compensation is a type of “no fault” insurance coverage. In other words, an employer cannot deny workers’ compensation by contending that the worker was injured as a result of carelessness. Instead, the law requires the employer to provide medical treatment immediately after the worker is injured, and to pay wage loss benefits if the injury prevents the worker from returning to employment for more than a week.

“A lot is at stake when you are unable to work and wrongfully denied workers’ compensation benefits. Families often depend on the income that an injured worker lost,” says Mark Bernstein, Michigan workers’ compensation attorney. “Contact a lawyer if you are denied workers’ compensation benefits.”

If you or a loved one was injured at work and denied workers compensation benefits, you should protect your legal rights by contacting an experienced Michigan workers’ compensation lawyer.

In Michigan, workers’ compensation is the system that provides wage replacement, medical treatment, and vocational rehabilitation benefits to workers who are injured on the job. It is essentially a “no-fault” system. In other words, an employer must provide workers’ compensation to an employee injured in the course of employment, regardless of who was at fault.

Employees do not pay for workers’ compensation. Instead, Michigan law requires essentially all employers to arrange for workers’ compensation coverage by purchasing insurance from a commercial insurance carrier or by obtaining state-approved self-insured status. To become self-insured, an employer must maintain a special fund adequate to pay workers’ compensation to its own employees, or must provide coverage through a group fund with other employers in the same industry.

An employee who suffers a work-related injury should immediately notify the employer that the injury occurred and that he or she is claiming workers’ compensation benefits. For ten days after the injury, the employer has the right to determine which physician treats the injured worker. Thereafter, the injured worker may choose a treating physician, but must notify the employer of the name of the chosen health care provider.

After a work-related injury or illness, an insured employer is responsible for promptly:
• Filing the “Employers Basic Report of Injury” (form 100) with Michigan’s Workers’ Compensation Agency (WCA) for all wage loss cases.
• Notifying its insurer of the workers’ compensation claim.
• Informing the health care provider treating the injured worker of the name and address of its workers’ compensation insurer or the designated agent of the insurer to which medical bills should be sent.
• Forwarding any medical bills and documentation received for medical services to the insurer.

An employee who is disabled from work for more that one week by a work-related injury has a right to workers’ compensation wage loss benefits. In addition, an employee with a continuing disability may be eligible for vocational rehabilitation, to help get a different job within his or her medical restrictions.

Many workers’ compensation claims are undisputed – the employer provides benefits until the injured worker recovers and returns to work.

However, some employers wrongfully deny workers’ compensation claims, leaving seriously injured workers without essential medical treatment or wage loss benefits.

If an employer or workers’ compensation insurance carrier disputes your claim, you need to protect your legal rights. Contact our law firm, for a free confidential consultation about your potential workers’ compensation case.

Most Michigan workers are covered by Michigan Workers’ Compensation insurance. Michigan law requires this coverage.

Michigan workers who are not covered by Michigan Workers’ Compensation include:

If you are hurt at work, ask your employer if the company has a Workers’ Compensation insurance policy that covers you. Under Michigan law, workers’ compensation wage loss benefits are 80% of the after-tax value of your average weekly wage.

There are some complicated features to calculating wage loss benefits. When a worker’s weekly salary varies from week to week, wage loss benefits are based on the average of the 39 highest pay weeks in the last 52 weeks.

If an injured worker returns to work part-time, or at a lower-paying job, that individual still may be eligible for partial wage loss benefits, to cover part of the difference between the amount he or she earned before and after the work-related injury.

These formulas can be very confusing. Contact an attorney, if you have questions about whether you are getting the amount of wage loss benefits that the law requires.

Michigan workers’ compensation pays for all medical care that is reasonable and necessary for treatment of a work-related injury, for as long as the worker requires treatment. Thus, a worker with a serious or chronic injury may be eligible for these medical benefits for years, or even for the rest of his or her life. Disputes may arise about what is reasonable and necessary treatment.
If this happens to you, seek legal guidance.

Why You Need a Michigan Workers’ Compensation Lawyer

Peace of Mind
A lot is at stake when you are unable to work and wrongfully denied workers’ compensation benefits. Families often depend on the income that an injured worker lost. If our law firm assists you in pursuing a Michigan workers’ compensation claim on your behalf, you can be assured that a professional, experienced Michigan workers’ compensation attorney will work hard to obtain all relevant employment and medical records, review all documentation, and aggressively pursue your claim.

Put a Fighter In Your Corner
Too often, insurance companies vigorously fight against paying benefits to an injured worker. Our law firm is here to represent your interest in these proceedings and to counsel you as your claim progresses. We will do everything possible to ensure you and your family’s emotional well being during the pursuit of a claim.

Professional Evaluation of Your Claim
Our law firm will diligently gather all of the documentation, make a determination, and file the appropriate claim on your behalf. To make sure you get what you deserve, you need an attorney who is well versed in the complicated laws that govern workers compensation claims. A study recently indicated that injured parties represented by legal counsel obtain far greater recoveries than those individuals who attempt to represent their own interests.

Question: The injury that occurred was my employer’s fault. Can I sue my employer for my pain and suffering?
Answer: Generally, Michigan law prohibits employees from suing their employers for damages, beyond the economic benefits provided by workers’ compensation. However, you may be able to take legal action against the manufacturer of a defective product or against an individual (other than a co-worker) who caused the injury. If you have questions about your potential legal claims, you should talk with a Michigan workers’ compensation lawyer.

Question: I believe that my injury resulted from a violation of my civil rights. Can I sue my employer in this situation?
Answer: Perhaps you can. In the workers’ compensation law, there are exceptions to the general rule that prevent an individual from seeking non-economic damages from an employer. One exception is a civil rights violation; another is an injury that directly results from an intentional act by the employer. If you feel that one of these exceptions applies to you, talk with a Michigan workers’ compensation lawyer about your potential legal claims.

Question: I was injured while on my way into work. Am I eligible for workers’ compensation benefits?
Answer: Workers’ compensation usually does not apply to one who is traveling to and from the place of employment. However, once a worker is on the employer’s property, workers’ compensation insurance may cover an injury.

It is important to note that employees who must travel to perform work assignments are covered by workers’ compensation benefits if they are hurt on the job. For example, a person who is injured after leaving the worksite to make a delivery or attend a meeting at another location may qualify for workers’ compensation, because the trip was an essential part of his or her job assignment.

On the other hand, workers’ compensation may not cover an injury, if the employee was hurt while making a side-trip to handle purely personal business. If you have questions about coverage in this situation, talk with a Michigan workers’ compensation lawyer.

Question: My co-worker and I were goofing around when I was injured. Am I still entitled to make a claim for workers’ compensation benefits?
Answer: Michigan courts traditionally recognize that employees may engage in a certain amount of “horseplay.” In most cases, this would still qualify an individual for workers’ compensation benefits. However, each case must be evaluated separately, based on the specific circumstances. A worker who engaged in serious willful or intentional misconduct may lose the right to workers compensation benefits.

Question: My employer offered me a different type of job, but I feel that it is beneath my previous pre-injury position. Do I have to accept the position?
Answer: Michigan workers’ compensation law requires injured employees to accept a position offered by their own employers (or other employment sources), if the new job is within their qualifications and training, and any medical restrictions. When the new job pays less than the previous position, the worker should receive partial wage loss benefits, to cover part of the difference between the individual’s previous and current earnings.

A worker seriously risks any claim for continued workers’ compensation benefits by turning down the offer of a job that he or she is able to do. If you are not sure how to handle a job offer or your employer demands that you actively look for other work, consult an attorney immediately.

Question: What happens if I try to return to work in a job that is supposed to be within my medical restrictions, but cannot perform the job duties?
Answer: Under the law, it should be possible for you to resume receiving benefits. However, your employer may challenge whether you made a real effort to return to work. If this happens, and you truly are unable to work, you should talk with a Michigan workers’ compensation lawyer immediately.

Question: Can I choose my own doctor when I am getting treatment for my work-related injury?
Answer: For the first 10 days after a work-related injury, the employer has the right to choose the treating doctor. However, after 10 days, the law allows you to select your own doctor and other medical care providers, as long as you select qualified medical professionals and notify your employer of your intentions.

If you or a loved one has suffered a workplace injury, it is important to talk with a Michigan workers’ compensation lawyer with experience in Michigan worker’s compensation law.