Workplace Injury in Michigan: Now What Should I Do?

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Workplace Injury in Michigan, Now What Should I Do?

Michigan lawyer discuses workplace injury and how to protect legal rights.

Employees hurt on-the-job have significant legal protections. Many of our clients have heard about workers’ comp but they don’t quite know what it pays. Here is some information about a workplace injury and potential workers’ comp benefits. Please remember that every case is different, so it is a good idea to speak with a lawyer about your own individual situation.

Michigan law requires private employers to have workers’ comp insurance. Employees are covered under workers’ comp insurance immediately and it does not matter if they were at fault. It pays medical bills, a percentage of lost wages, and vocational rehabilitation. In exchange for these workers’ comp benefits, employees lose the right to sue for pain and suffering. Workers’ comp benefits continue for an employee’s lifetime but are subject to a 1 and 2 year back rule.

Reporting a workplace injury

Employees must give notice of workplace 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 a good idea to fill out a written accident report. This can be used as proof in the event of a workers’ comp dispute.

Never wait until the following day to report an accident because this is a red flag for employers.

Claim must also be made within 2 years of the accident. It requires nothing more than asking for medical treatment or paid time off under workers’ comp. You cannot be fired in retaliation for making a workers’ comp claim. We still recommend making a claim in writing so proof exists should a dispute occur. This can be done by sending an email, text message, or letter.

Watch out for employers who refuse to accept a claim and make up excuses. Our experience shows that bad employers will refuse to accept notice and/or claim with the hope of stopping workers’ comp benefits before they are even started. It is critical to speak with an experienced workers’ comp lawyer to ensure benefits are protected.

Filing a lawsuit

Sometimes employers or their insurance companies dispute payment of workplace injury claims. This is done for various reasons including late reporting, no claim filed, coworker statements, and conflicting medical evidence.

Watch out for the independent medical examination (IME) and post-injury wage earning capacity assessment (PIWEC). Both are designed to reduce or stop payment of workers’ comp benefits.

Employees who find their workers’ comp claims disputed can file an Application for Mediation or Hearing. This starts a formal process where a magistrate decides if additional workers’ comp benefits need to be paid. Medical and vocational evidence can be presented showing continuing need. Testimony can also be presented that notice and claim were made timely. Most of these disputed claims end up with a lump sum cash payment.

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.

Related information:

IME Doctor Tricks To Beware Of

Workplace Injury in Michigan: Now What Should I Do?
Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

Related Blog Posts

Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.