Workers Comp - Robert M. Crites & Associates
Robert M. Crites & Associates
You Have Questions...
...We Have Answers
Robert M. Crites
Attorney at Law
Robert M. Crites & Associates
You Have Questions...
...We Have Answers
Robert M. Crites & Associates
Over 25 Years Experience
Free Consultation
(810) 252-9185
Robert Crites & Associates
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WORKERS COMPENSATION
The law relating to workers compensation was enacted in the early part of the last century to require that employers compensate workers for lost wages and reimburse them for the cost of medical care when they were injured on the job. Most claims are paid automatically, which was the intent when the law was adopted. In the event that a claim by an injured worker is not paid, he/she can file the claim against the employer in a court that handles only workers compensation cases. These cases are all handled by a judge (no jury is involved) and the procedures are in many ways simpler and less formal than would be the case if a non-work related injury was involved. If a workers compensation claim is filed and assigned to a judge, every effort is made to settle it without going to trial, but that often happens only after the case is partially prepared for trial. As a practical matter, at that stage of any sizable disputed claim, the worker must retain an attorney, who practices workers compensation law, to handle the matter.
There are three different ways that these claims can be resolved without a trial:
1. Sometimes there is a voluntary payment of all that is due, and the case is dismissed, and the worker continues to work for the same employer.
2. Sometimes there is a compromise settlement and the worker continues to work for the same employer.
3. The third way involves a lump sum settlement with the worker which is called a “redemption.” These settlements are often for more than the amount that is actually owed for medical expenses and lost wages, but the worker resigns his/her employment and waives all seniority rights. Claims for future wage loss or medical expenses are also typically waived. The worker then must find a job with some other employer.
Attorneys are paid from the settlement, and the amount that they can charge is controlled by Workers Compensation law and must be approved by the judge. If the case is tried and lost, the attorney receives nothing. If the case is tried and won, or as is more often the case, settled (i.e. redeemed), the attorney receives his/her expenses, and in addition, a certain percentage of the client’s recovery. For a redemption the attorney fee is 15% of the first $25,000.00 recovered, and 10% of any amount in excess of $25,000.00.
Almost all employers are required to carry insurance to cover workers compensation claims (large employers sometimes are self insured) and so these claims are usually handled by insurance adjusters in the early stages and by attorneys who specialize in workers compensation law, and who are hired by the insurance company after the case is filed and assigned to a judge.
If you have a claim for medical expenses or for lost wages resulting from injuries arising out of your employment and it appears that your employers insurance company is not going to meet its obligations under the Workers Compensation law, it is probably a good idea to talk to an attorney who handles workers compensation cases about the facts and law relating to your claim. My office does not charge for these kinds of consultations, and we only get paid if we are retained to handle your case and resolve it in a satisfactory manner. Put another way, if you have questions, we have answers. Give us a call. Telephone number, (810) 252-9185.
Robert M. Crites
Attorney at Law
FREE CONSULTATION
NO CHARGE UNLESS WE ACCEPT YOUR CASE AND WIN IT
FLINT OFFICE
1030 S. Grand Traverse
Flint, MI 48502
OFFICE HOURS
Mon-Fri 9am-12pm & 1:30pm-5pm
(810)252-9185
E-Mail: criteslaw@sbcglobal.net
SWARTZ CREEK OFFICE
9001 Miller Road
Swartz Creek, MI 48473
OFFICE HOURS
Tues & Thurs 7:30pm-9pm