Michigan work injury lawyer explains the application process for benefits and what benefits should be paid.
We regularly get telephone calls from disabled employees asking how to apply for workers’ comp benefits in Michigan. It is usually the fault of the employer for putting up roadblocks and not explaining the claim process. All reasonable and necessary medical treatment should be covered regardless of fault. Wage loss benefits should be paid if an employee is unable to work. Here is what everyone should know about their legal rights after getting hurt on-the-job.
How to apply for workers’ comp in Michigan?
To apply for workers’ comp in Michigan an employee who is hurt on-the-job must give notice to their employer within 90 days. This can be done verbally so just telling a manager or supervisor about the accident is enough.
A claim must be made within 2 years. All that is required for a claim is to ask for medical treatment or paid time off.
We recommend giving notice in writing so there is no uncertainty about whether it happened. This can be accomplished by filling out an accident report. Claims should also be made in writing. It is a good idea to send an email formally requesting medical treatment or paid time off.
How long do I have to apply for workers’ comp in Michigan?
In Michigan, to apply for workers’ comp a claim must be made within 2 years of the injury. All that is required for a claim is to ask for medical treatment or paid time off.
When it comes to benefits, there is no statute of limitations. If notice and claim were made timely, an employee can seek medical treatment and/or wage loss benefits well into the future. This is true even if an employee has left the company or it has been many years.
Watch out for employers who say that notice must be given by the end of shift. This is not correct and is a tactic used to discourage employees from seeking benefits. Simply ask for medical treatment or lost wages when needed. There is a 1 and 2 year back rule that limits how far back a person can claim benefits.
What happens if an employer will not file a work injury claim?
An employer who refuses to file a work injury claim is trying to save money on insurance premiums. An employee can file their own claim with the WDCA using Form WC-177. Notice will automatically be sent to the employer and responsible insurance carrier for processing.
To apply for workers’ comp in Michigan when the employer doesn’t have insurance you need to file an Application for Mediation or Hearing and bring the employer into court. All private companies who have at least 1 employee working 35 hours or more per week are generally required to have workmans’ compensation insurance. Businesses who fail to purchase this insurance are still responsible for payment of benefits. Officers and directors of the company can be held personally liable for payment. They can also face civil penalties and jail time.
Injured while on-the-job in Michigan? Contact our lawyers now
If you were injured while on the job and have questions on how to apply for workers’ comp in Michigan, call us now, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
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.