Learn about the Michigan workers’ compensation statute of limitations and why you should never wait to tell your employer about an on-the-job injury.
We are frequently asked if workers’ compensation benefits can be collected for on-the-job injuries that occurred many years ago. This came up recently when a man contacted our office about something that happened decades ago. He was paid workers’ compensation for a short period of time and did not complain again for years. He is now having more problems and wants to reopen his claim. Unfortunately, the insurance company has denied payment. Here is the advice we gave him about Michigan workers’ compensation statute of limitations.
Workers’ compensation pays two essential benefits that everyone should know about. The first is unlimited medical treatment for life. All reasonable and necessary medical care should be covered without any copayments or deductibles. The second is wage loss benefits if a person is unable to work. Wage loss benefits continue for as long as the person remains disabled subject to old-age offsets.
Most people collect workers’ compensation benefits for a short period of time and get back to work quickly. They don’t necessarily consider what happens if they need additional medical treatment down the road or end up having to stop working entirely. It can be extremely stressful calling the insurance company and finding out a claim is closed.
What Is The Michigan Workers’ Compensation Statute of Limitations?
In Michigan, there is no workers’ compensation statute of limitations per se. An employee can always pursue future workers’ compensation benefits if proper notice and claim are made. An employee must give notice of injury within 90 days of it occurring. An initial claim must have been made within 2 years of the work injury.
An employee must give notice of injury within 90 days of it occurring. This can be accomplished by simply telling a manager or supervisor about getting hurt on-the-job. We recommend having something put into writing to ensure proof exists in the future. Ask to fill out an accident report and keep a copy for yourself.
Though there is no statute of limitations for a workers’ compensation claim in Michigan it is important to note that a claim must be made within 2 years of the work injury. This can be accomplished by asking your employer for time off or medical benefits. Claims can be oral, but it is a good idea to ask in writing. This can be done by sending a letter to your employer by certified mail. Email or text messages can also serve as proof of claim. Keep a copy of all correspondence.
While in Michigan there is no statute of limitations for a workers’ compensation claim an employee can seek future work comp benefits at any time, but they will be limited in what can be collected for the past. Wage loss benefits are subject to either a 1 or 2 year back rule depending on whether they had been previously paid. Medical benefits are generally subject to a 2 year back rule.
It is a good idea to speak with an experienced work comp lawyer whenever thinking about reopening an old claim. Do not let the insurance company say that Michigan workers’ compensation statute of limitations bars additional benefits. Medical evidence can be used to prove causation and current disability.
Injured on the job in Michigan? Call now, our attorneys can help!
If you were injured on the job in Michigan and have questions about the workers’ compensation statute of limitations in regards to your case, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced workers’ comp 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 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.
Related information:
How To File A Workers’ Comp Claim In Michigan: What You Need To Know
