Learn about the Michigan workers’ compensation statute of limitations and why you should never wait to tell your employer about an on-the-job injury.
We are frequently asked if workers’ compensation benefits can be collected for on-the-job injuries that occurred many years ago. This came up recently when a man contacted our office about something that happened decades ago. He was paid workers’ compensation for a short period of time and did not complain again for years. He is now having more problems and wants to reopen his claim. Unfortunately, the insurance company has denied payment. Here is the advice we gave him about Michigan workers’ compensation statute of limitations.
Workers’ compensation pays two essential benefits that everyone should know about. The first is unlimited medical treatment for life. All reasonable and necessary medical should be covered without any co-pays or deductibles. The second is wage loss benefits if a person is unable to work. Wage loss benefits continue for as long as the person remains disabled.
Most people collect workers’ compensation benefits for a short period of time and get back to work quickly. They don’t necessarily consider what happens if they need additional medical treatment down the road or end up having to stop work entirely. It can be extremely stressful calling the insurance company and finding out a claim has been closed.
What Is The Michigan Workers’ Compensation Statute of Limitations?
Luckily, there is no Michigan workers’ compensation statute of limitations. An employee can always pursue future workers’ compensation benefits if proper notice and claim were given. An employee must give notice of injury within 90 days of it occurring. Initial claim must be made within 2 years of the work injury.
An employee must give notice of injury within 90 days of it occurring. This can be accomplished by simply telling a manager or supervisor about getting hurt on-the-job. We recommend having something put into writing to ensure proof exists in the future. Ask to fill out an accident report and keep a copy for yourself.
Claim must be made within 2 years of the work injury. This can be accomplished by asking your employer for workers’ compensation benefits. Claim can also be oral, but it is a good idea to ask in writing. This can be done by sending a letter to your employer by certified mail return receipt requested. Email or text messages can also serve as proof of claim. Always keep a copy of all correspondence.
While an employee can seek future workers’ compensation benefits at any time, they will be limited in what can be collected for the past. Wage loss benefits are subject to either a 1 or 2 year back rule depending on whether they had been previously paid. Medical benefits are generally subject to a 2 year back rule.
It is a good idea to speak with an experienced workers’ compensation lawyer whenever thinking about reopening an old claim. Do not let the insurance company say that Michigan workers’ compensation statute of limitations bars additional benefits. Medical evidence cam be used to prove causation and current disability.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.
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