Lawyer discusses how to file a workers’ comp claim in Michigan and what benefits are available.
We get many telephone calls and emails from people hurt on-the-job who are wondering about their legal rights. It can be overwhelming when paychecks stop, and medical bills start piling up. This situation gets even worse when an employer refuses to make a case. Here are some issues that pop up after a workplace accident and how to file a workers’ comp claim in Michigan.
How to file a workers’ comp claim in Michigan
In Michigan, to file a workers’ comp claim you must: 1) Give notice of injury to employer within 90 days of it occurring. 2) Make a claim for lost wages and/or medical treatment within 2 years of the accident. When giving notice of injury it is recommended to fill out an accident report so there is written proof.
Also, when making a case for lost wages and/or medical treatment it is a good idea send this request in writing.
Giving notice
To file a workers’ comp claim in Michigan you must give notice of your workplace injury within 90 days of it occurring and requesting either medical and/or wage loss benefits within 2 years.
The employer is supposed to report any workplace injury to its insurance carrier. In situations where disability extends beyond 7 consecutive days, the employer/insurance carrier must also report the injury to the Workers’ Disability Compensation Agency.
Notice can be oral so just telling a manager or supervisor about the accident is usually enough. However, we recommend filling out an accident report and keeping a copy. This will serve as written proof of the event.
Making a claim for medical and/or lost wages can also be accomplished by telling an employer that benefits are needed. We still recommend making a claim in writing by sending a letter, email, or text message. The employer should do all the paperwork with its insurance carrier.
What benefits are available?
After you have made a job-related injury claim, employees who are disabled from employment are supposed to receive wage loss benefits. The amount paid should equal 80% of the after-tax average weekly wage. A rough estimate would be 60% of gross wages. This is based upon the highest 39 paid weeks out of the last 52. Income received under workers’ comp is tax free.
Medical treatment is also covered 100% without any co-pays or deductibles. This includes payment for mileage, attendant care, doctor visits, durable medical equipment, prescription medications, physical therapy, and surgery.
What about when employer refuses to make a claim?
Unfortunately, some employers refuse to submit job-related injury claims. They are worried about higher insurance premiums and want to game the system. Some employers have large deductibles and believe they can escape payment by obstructing claims.
Employees can short-circuit this process by filing their own Employee’s Report of Claim (Form WC-117) with the Workers’ Disability Compensation Agency. Notice will be sent directly to the employer’s insurance carrier who will then investigate the situation.
Watch out for employers who promise to pay money under the table. It rarely lasts and can jeopardize other legal rights. Never lie to a medical provider about how an accident occurred! Employees are unable to sign away their legal rights.
What about when an insurance company disputes payment of benefits?
To file a workers’ comp claim in Michigan when the insurance carrier has disputed payment requires an Application for Mediation or Hearing (Form WC-104A) be sent to the Workers’ Disability Compensation Agency. We recommend hiring a lawyer because these cases are difficult. A magistrate will decide if additional benefits must be paid.
Injured on the job in Michigan and need help filing a workers’ comp claim? Call our work injury attorneys now!
If you suffered an injury on the job in Michigan and need help filing you 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 (855) 221-2667 for a free consultation today.
Related information:
Workers’ Comp vs. Long Term Disability: What’s The Difference?
