Michigan attorney explains important time frames when an employee gets hurt on-the-job and how long they have to sue for work related injuries.
Timing is everything when it comes to workers’ compensation. Many disabled employees get left out in the cold because they did not report an accident or file a claim on time. Some find out years later that claims have been closed and the insurance company will not pay anything more. Here are some rules that every employee should know about their workers’ compensation rights in Michigan. Make sure to contact an experienced attorney about your own situation to find out how long you have to sue for work related injuries.
Before you can sue for work related injuries in Michigan, you must give notice of your injury within 90 days from the time it occurs. Notice can be oral so just telling a manager or supervisor is usually enough. However, it is best to fill out an accident report and make sure to keep a copy for your own records.
This will serve as written proof that an accident did occur. Some employers refuse written accident reports so make your own and it send it to them by certified mail return receipt requested. Do not rely upon coworkers to back you up as they are usually more interested in protecting their own self-interest. Watch out for employers who insist that notice must be given by end of shift or some other arbitrary time period.
2 Years To Claim Benefits
In order to sue for work related injuries in Michigan you must also make a claim for workers’ compensation benefits within 2 years. Claim requires nothing more than verbally asking for medical treatment and/or wage loss benefits.
We still recommend make a claim in writing and taking additional steps if benefits are not started within 30 days. Watch out for insurance companies who want to take a recorded statement before approving payments as this is not required under Michigan law.
1 and 2 year back rules also limit how much past due workers’ compensation can be collected. An employee who was previously paid wage loss benefits will be limited to 1 year back from the time his or her Application for Mediation or Hearing was filed. An employee who was never paid wage loss benefits can go back 2 years. Employees can also seek penalties if the insurance company does not make wage loss payment within 30 days from them becoming due. Penalties are generally limited to $50 per day up to a maximum of $1,500.
How long do I have to sue for work related injuries? This is an easy question that has a somewhat difficult answer. Employees hurt on-the-job have an indefinite amount of time to seek workers’ compensation benefits provided notice and claim were timely made. Medical evidence must also show work-relationship and disability. Proving a case years after the fact can be somewhat challenging and it is best to get a free consultation from an experienced attorney before acting.
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) 316-8033 for a free consultation today.