Detroit workers compensation lawyer explains why it takes so long for your case to be resolved and what you can do to speed up the process.
The biggest complaint our clients have is the length of time it takes to resolve their Detroit workers compensation case. They are disappointed to learn that it can take months or sometimes years on appeal to achieve final resolution.
Data published by the Workers Compensation Agency show that 20% of cases in Detroit are still pending after 24 months. Our experience shows that most cases can be resolved much faster.
We understand how difficult it can be with no lost wages or medical care. You can speed up resolution of your case by hiring an experienced Detroit workers compensation lawyer who can help you navigate the legal process.
Workers compensation procedure in Detroit
Pre-trial: You should receive a notice of pre-trial about 1 month after you file a workers compensation case. The magistrate assigned will take no action other than setting a new hearing date approximately 60 days later. If you are represented by a lawyer, you will not need to attend the pre-trial hearing.
Control Date: A control date is a type of hearing where both sides appear in court with the magistrate to ensure that all medical has been exchanged and that the case is moving toward resolution. Control dates happen every 60 days and several are required before a magistrate will set a trial date. The number of control dates that are necessary will depend upon the complexity of your claim.
Facilitation: Most magistrates require that a Detroit workers compensation case go through facilitation before trial. This gives both sides the opportunity to informally present their case to another magistrate who will attempt to come up with a dollar amount for settlement. Neither side must accept the amount suggested.
Trial: The magistrate will hear your case and make a determination as to the facts and law. You will have a chance to testify and submit medical evidence. Trial can last anywhere from a few hours to a few days. The magistrate will issue a formal opinion anytime between a week and several months later.
Appeal: If you are successful with your workers compensation claim, your employer or its insurance company will most likely appeal the decision. You will be paid 70% of your weekly benefits and will be given access to medical care. Past benefits and outstanding medical bills will not be paid until you win on appeal. The Appellate Commission can take over a year to issue its decision. You may find yourself waiting even longer if the case goes to the Court of Appeals or Supreme Court.
How to speed up your Detroit workers compensation case
Some insurance companies will attempt to delay your case because they are hoping that you will run into financial trouble and will need to settle cheaply. Some defense attorneys will even attempt to delay because they get paid every time they show up for a court appearance.
You can get a faster trial date if your workers compensation benefits were stopped within the last 60 days. An experienced workers compensation lawyer can use this fact to put pressure on the insurance company to settle your case quicker. Don?t wait to get help if your benefits are stopped!
You can also ask that your case be put into early facilitation. This will focus the issues in your case and will frequently result in a faster settlement.
To speak with one of our workers compensation lawyers in Detroit, call (855) 221-COMP for a free consultation. There is no fee unless workers compensation benefits are recovered for you.
- Alex Berman is the founder of Michigan Workers Comp Lawyers. He?s been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.
Related information:
Video: What you need to know now to protect your rights and obtain your workers compensation benefits
WCA ? Pending/Aged Cases Report by Hearing Site as of 2/29/12
- Photo courtesy of Creative Commons, by Andrea_44.
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