The Flint Journal & Genesee County Bar Association's "Ask the Attorney"

MACDONALD, FITZGERALD & MACDONALD, P.C

Q. I became disabled from a work injury several years ago. I can barely survive on my $200 weekly comp checks and on top of that, my employer just cancelled my health insurance. What can I do?

A. Michigan workers' compensation benefits are usually calculated by paying 80% of the after-tax value of your average weekly wage, up to $739/ week. Your average weekly wage is usually calculated by taking your 39 best weeks of earnings in the previous 52 weeks before your injury. However, if you have been continuously disabled for two years, your benefit rate may be raised up to 50% of the state average weekly wage in your year of injury, if your earnings would have been expected to increase due to your age, education, training or experience (for 2008, $410.02/week) Also, the comp carrier must raise your comp rate to include the value of your lost health care and other fringe benefits, up to 2/3 of the state average weekly wage (for 2008, $546.69/week). Call us for a free consultation to discuss these and other ideas that may help you out.

Atty. Robert J. MacDonald
--May 2008 column