Michigan Workers' Compensation Costs Have Risen Drastically Due To Explosive Growth In Health Care C

The cost of workers' compensation benefits has risen
drastically in the past two decades but not because of any major increase
in the number of claims filed.For many years workers' compensation was a
fairly small program at the federal level compared to the costs of
unemployment insurance, food stamps, and similar government programs.
Then, beginning in the early 1990s, workers' comp costs more than tripled
due to the explosive growth in health care costs.The number of claims
filed are not primarily responsible for rising workers' comp costs because
many workers remain uninformed about their rights to benefits for
workplace injury or occupational diseases. The fact is that almost all
employers know far more about workers' comp law than does the average
employee. Although many employers are honest and well-intended, there are
far, far too many unethical employers who will cheat their workers out of
entitled benefits.An injured worker who returns to work to a specifically
created position may find that, 100 weeks later, the position is
eliminated and he is laid off - no longer eligible for workers' comp.Many
employers hire doctors who are much more interested in maintaining a
relationship with the employer than with accurately diagnosing the
employee. When this happens, employees need an attorney to protect their
rights when one of these 'hired gun' doctors tries to block them from
getting necessary treatment, cut off benefits, or sends them back to work
too early.Workers' Compensation is the name given to a system of laws
intended to protect injured workers. The goal is to make sure that anyone
injured at work will receive appropriate medical care, lost wages,
retraining and rehabilitation if needed to re-enter the workplace, or
benefits for the family if the employee is killed on the job. There are
three basic types of benefits: lost wages, medical, and vocational
rehabilitation.Workers' Compensation is considered a "no fault" insurance
system because the worker is compensated regardless of blame unless the
accident is caused by intoxication, willful misconduct, or gross
negligence. Often workers' comp claims are paid voluntarily by an
employer, but certainly not always.The employer can refuse to pay benefits
from the beginning, terminate benefits after payment has started, or call
the employee back to work before he or she is physically able to return.
At this point, the employee needs to hire an attorney who will begin the
hearing process laid out by the Bureau of Workers' Compensation.There are
informal hearings conducted by a mediator who considers the evidence,
makes a recommendation, but has no authority to order payment of benefits.
A formal hearing is where both sides are represented by counsel before a
magistrate who has the authority to order payment of benefits. An order
to pay benefits is known as an open award.In some cases, the employer and
the employee agree to a lump sum payment for all past, present and future
benefits. This is called a redemption and is a full and final settlement
of any and all claims the employee may have against the employer for
workers' compensation benefits.

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Attorney Terry Cochran is principal in the Law Offices of Cochran, Foley & Associates, P.C. Mr. Cochran is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations. Mr. Cochran can be reached at: 800-322-5543 or by visiting: www.cochranfoley.com.