Michigan workers’ comp lawyer discusses litigation timeline and why it can take so long to resolve a disputed case.
We know it can be difficult waiting for a workers’ comp case to be settled. It seems like the litigation process takes forever and nothing is happening. This is especially true if a person is struggling to put food on the table and cannot pay rent. When clients ask how to check on a status of a workers’ comp claim in Michigan, we usually give them a timeline for the litigation process and some tips for speeding up the case.
In Michigan, if your case is not in litigation, the best thing you can do to check the status of your workers’ comp claim is to call the adjuster directly. Our experience shows they are not always responsive and a telephone call to a supervisor might be needed. We recommend calling a lawyer should the insurance fail to pay workers’ comp benefits within 30 or more days.
How to check the status of a workers comp claim in Michgan?
In Michigan, you can’t check on the status your workers’ comp claim online but you can call your attorney and ask for a status update. They will be able to explain what is happening and give a timeline. The Michigan WDCA will also provide a hearing date if you call the site where the claim is pending. You can also find out if the matter is on a pre-trial, control date, facilitation date, trial date, or redemption date.
We tell our clients that an Acknowledgment & Notice of Hearing should be received by them about 30-45 days after the Application for Mediation or Hearing (104A) has been filed. A pre-trial will be scheduled but nothing usually happens. It is not necessary to attend pre-trial if represented by an attorney. To check on the status of a workers’ comp claim in Michigan after pre-trial we recommend calling the hearing site listed on the notice and ask for the next date.
A control date is used to ensure the case is moving toward resolution. Medical and vocational evidence should be updated and exchanged. Control dates happen every 60 days and several are required before a magistrate will set a firm trial date. The number of control dates that are needed will depend upon scheduling and legal issues. We tell our clients that it can take up to 12 months for a priority trial date to be set. To check on a status of a workers’ comp claim in Michigan at this stage we recommend calling your lawyer and discussing strategy going forward.
One way to check on a the status of a workers’ comp claim in Michigan is to attend the facilitation. This is an informal hearing where both sides present arguments to a neutral magistrate who will come up with a settlement amount. Neither party must accept the recommendation, but it helps narrow legal issues and brings each side closer together. We strongly recommend facilitation because it gets a slow case moving. Parties can request facilitation at any time during the litigation process. It can take a defense attorney several weeks or months to get settlement authority. We recommend attending facilitation with your lawyer, so you have a first-hand idea of timeframe and possible next steps.
This is a formal hearing where a magistrate will receive evidence and decide facts and law. Trial can last anywhere from a few hours to several days. The magistrate will issue a written opinion and it will be received by the parties in approximately 30 days. We do not recommend contacting the magistrate to check on the status of your workers’ comp claim in Michigan to find out when his or her decision will be ready as this could impact the decision in a negative way.
All settlements must be approved by a magistrate at a redemption hearing. A determination will be made whether settlement is appropriate based upon facts and medical presented. Redemptions can usually be walked into court at any time. There is a 15-day appeal period before it becomes final, and a settlement check can be issued. It is possible to waive the 15-day appeal period if both sides agree so that a check can be mailed right away.
Injured on the job in Michigan? Call our workers’ comp attorneys now!
If you suffered an injury on the job in Michigan and you have questions on how to check on the status of your workers’ comp claim, call now to speak with an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re 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 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) 316-8033 for a free consultation today.