Labor and Economic Opportunity
A: Yes, it can be. Workers' compensation is designed to provide benefits to workers whose injuries "arise out of and in the course of the employment." In the majority of cases it is obvious whether an injury happened at work (such as a fall from a ladder). There are, however, times when the relationship between the job and the injury will be questioned.
A: It depends on the type of your employment. If you are a First Response Employee, and you are diagnosed with COVID-19 infection either by a physician or as a result of a test, based on your specific type of employment sector and unless proven otherwise, you are considered to have a personal injury that arises out of and in the course of your employment. The rule indicates a positive test or diagnosed by physician. Many tests at this time are not being performed by physicians. Confirmation is not necessary per the rule. Employers always have the opportunity to obtain contrary evidence to present if they choose, and to dispute a claim.
A: Under the 3-30-2020 Workers’ Disability Compensation Agency Emergency Rules, a First Response Employee is defined as one or more of the following:
A: Yes. If you can identify specific exposure to COVID-19, such as a date, location, etc. and have been diagnosed by a physician or test, you may be able to show you have suffered a personal injury and therefore may be entitled to workers’ compensation benefits. Remember, Michigan is a wage loss system so in order to be eligible for any benefits a worker must show that the exposure arose out of and in the course of employment like any other work injury and that it has caused a loss of wage earning capacity in work suitable to your qualifications and training.
A: Yes. According to the workers’ compensation statute, “Personal injury includes a disease or disability that is due to causes and conditions that are characteristic of and peculiar to the business of the employer and that arises out of and in the course of the employment.” Another way to describe these might be injuries or diseases that arise over time. Remember, the key with any injury is that it must be attributable to work. For example, the statute goes on to state that, “An ordinary disease of life to which the public is generally exposed outside of the employment is not compensable.”
A: The workers' compensation law provides a strict limit on the benefits that an individual can receive as the result of a job-related injury/illness. You can only receive certain specified 1) wage loss benefits, 2) medical benefits, 3) rehabilitation benefits and 4) burial allowance in the case of the employee’s death.
A: MCL 418.311 of the Worker’s Disability Compensation Act provides that compensation is paid only after your injury or illness causes wage loss for a period of at least one week (7 consecutive days). If your wage loss lasts beyond one week, you are entitled to benefits as of the eighth day after the start of the wage loss. If your wage loss continues for two weeks or longer, then you are entitled to be paid compensation for the first week of wage loss. Your first check is due and payable on the 14th day of wage loss. However, a benefit check is not considered late until 30 days after the due date. Your benefits continue so long as you suffer wage loss, which could be for the rest of your life. However, your benefits can be reduced by other employer funded benefits, old age social security, and when you turn 65 at 5% per year up to age 75.