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 the 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.
How to check the status of a workers’ comp claim in Michigan?
In Michigan, you can’t check on the status of 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. It might not seem like much is happening but there is a process.
To check the status of your workers’ comp claim hearing date, the Michigan Workers’ Disability Compensation Agency will provide the date if you call the site where the claim is pending. You can find out if the matter is on a pre-trial, control date, facilitation date, trial date, or redemption date. Keep reading below to find out the meanings of these dates.
Pre-trial
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 asking for the next date.
Control 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 sets 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 the status of a workers’ comp claim in Michigan at this stage we recommend calling your lawyer and discussing strategy going forward.
Facilitation
One way to check on 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 slow cases 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 a timeframe and possible next steps.
Trial
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 on the decision in a negative way.
Redemption
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 facts 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 at (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
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.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers’ Comp Lawyers law firm never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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