Michigan Worker's Compensation - Help For Injured Michigan Workers

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  1. #1
    Join Date
    Jun 2013
    Posts
    2

    Default Can I Still Get Benefits if I Refuse Back Surgery

    My workers compensation claim was made in the State of: MI

    Hello,
    I am a car hauler who was injured on my truck while working 1 1/2 year ago. This injury caused me to develop a hematoma in my buttock, hernia, irritated sciatic nerve, & 2 hurniated disc in my lower back. I recently had surgery to have the hernia repaired & the hematoma removed. Unfortunately the hematoma has returned so I have to revisit the surgeon & start all over. In addition to this I have been seeing a surgeon who wants to operate on back for the herniated disc with hopes of also making the nerve less irritated. This injury has caused my leg to feel as if its going to sleep often, I also have sharp pains often in my right leg, tingle sensation on my foot, & lower back pain. The back surgeon tried PT with traction but it was unsuccessful. Now I am going to see the surgeon to discuss surgical procedure.

    My question is what if I decide not to have the procedure? I am in my early 30's & it sounds so risky to have my back operated on. Because of the physical requirements of my job (climbing, pulling, bending, driving, etc.), I know it's the only chance at attempting to get me back working. However I have just came to the conclusion that my car hauling days are probably just over now. What will happen to my WC? I do have an atty that I am waiting to call me back. I have also been receiving weekly benefits since the beginning of injury & all of my medical visits, procedures, & therapy have been continuously paid by the IC that pays out my WC. Will I be cut off benefits if I don't have operation? I am so sick of this WC stuff & just would love to move on & start my next segment in life!

    Thanks in advance

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Back Surgery (I Don't Want to Do It)

    In most cases, when you refuse treatment that is reasonable to "cure and relieve from the affects of your injury" (the basis of WC in the first place. And no one can force you to accept any treatment) you are declared MMI and rated for impairment, then TTD stops and PPD begins, usually at the same rate as TTD.

    You may not be able to continue/return to your pre injury job, but thos WC benefits don't go on indefinately unless you are 100% disabled due to this injury.

    You need to discuss your options with your atty, who knows your file, and how the laws affect your claim.

  3. #3
    Join Date
    Oct 1971
    Posts
    3,477

    Default Re: Back Surgery (I Don't Want to Do It)

    BvIA
    You may not be able to continue/return to your pre injury job, but thos WC benefits don't go on indefinately unless you are 100% disabled due to this injury.
    That's not true, in Michigan benefits continue for the duration of the disability.

    Benefits for Temporary Total Disability (TTD)
    The percentage of worker's wage paid is 80% of worker's spendable earnings. For weekly payments, there is no minimum and the maximum is $742, 90% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to reduction by UI and Social Security benefits, and by those under an employer disability, retirement, or pension plan.

    Benefits for Permanent Total Disability (PTD)
    The percentage of worker's wage paid is 80% of worker's spendable earnings. For weekly payments, the minimum is $207.18 (25% of SAWW) and the maximum is $742, 90% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to reduction by UI.

    Benefits for Permanent Partial Disability (PPD)
    The percentage of worker's wage paid is 80% of worker's spendable earnings. For weekly payments, the minimum is $205.84 (25% of SAWW), for scheduled injury only, and the maximum is $742, 90% of SAWW. For non-scheduled injuries, the maximum period of payments is the duration of disability and there is no maximum payment amount. WC benefits are subject to reduction by UI.
    http://www.michigan.gov/wca/

    Historical compensation benefit levels are available online at:
    http://www.michigan.gov/wca/0,1607,7-191--38774--,00.html
    The Workers' Disability Compensation Act of 1969, Act 317 of 1969, is available in PDF format (requires Adobe Acrobat Reader) online at:
    http://www.michigan.gov/documents/cis_bwuc_act498_29374_7.pdf
    Workers' Compensation Administrative Rules are available online at:
    http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=40800031& Dpt=CI&RngHigh=

    Lannycole, I removed the other thread started in the Michigan forum, you can't double post the same question.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  4. #4
    Join Date
    Jun 2013
    Posts
    2

    Default Re: Back Surgery (I Don't Want to Do It)

    Thanks For the respond! I am hoping to talk to my attorney today. Btw, sorry about the double post

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