Michigan lawyer discusses options if the employer refuses to file workers’ comp claim.
Michigan adopted its first workman’s comp law in 1912. It protects employees hurt on-the-job and is considered a safety net. It was designed as a compromise between labor and business. Employees hurt on-the-job are guaranteed medical treatment and lost wages regardless of their fault. In exchange, companies are protected from civil lawsuits for their negligence. But what happens when an employer refuses to file workers’ comp claim in Michigan? Keep reading to find out about legal rights.
All private companies who have at least 1 employee working 35 hours or more per week are generally required to purchase workman’s comp insurance. Even if the Michigan employer fails to purchase workers' comp insurance and refuses to file a claim they are still responsible for payment. Officers and directors of the company can be held personally liable for payment. They can also face stiff civil and criminal penalties.
Employees must give notice of a workplace injury within 90 days from the time it occurs. Notice can be oral so just telling a manager is enough. However, it is a good idea to fill out a written accident report. This can be used as proof in the event of a dispute. Never wait until the following day to report a workplace accident because this is a red flag for companies.
Claim must be made within 2 years of the accident. It requires nothing more than asking for medical treatment or lost wages. We recommend making a claim in writing so proof exists should a dispute occur. This can be done by sending an email, text message, or letter.
Watch out for bad employers!
Unfortunately, some companies refuse to file claims to their insurance. Our experience shows that when a bad employer refuses to file a workers comp claim in Michigan it’s because they worry about higher insurance premiums or have misrepresented the nature of their businesses and don’t want to get caught. Employers who misrepresent their business commit premium fraud and could get into trouble.
Watch out for an employer who refuses to file a workers’ comp claim in Michigan but insists on paying cash for medical bills and lost wages. These promises are rarely kept and could jeopardize payment of future benefits. Other items like mileage, attendant care, and vocational rehabilitation are never paid when this happens.
Never lie to a physician or hospital about how the work accident occurred. A magistrate will review medical records and use this evidence to deny payment based upon credibility. It is a trick used by employers to avoid payment. Don’t fall into this trap!
What to do if my employer refuses to file a workers’ comp claim in Michigan?
In Michigan, if an employer refuses to file a workers’ comp claim, you can file your own claim with the Workers’ Disability Compensation Agency (WDCA). Notice will be automatically sent to the employer and its insurance company by the State of Michigan. This can be done using the Employee’s Report of Claim Form. This will ensure legal rights are protected. Hire a lawyer if payment of benefits is disputed.
An employee cannot be fired or demoted for making a claim. This could lead to a second lawsuit for wrongful termination. Make sure to speak with an experienced lawyer if this occurs.
Injured on the job in Michigan and need help? Call our work injury attorneys now!
If you were injured on the job in Michigan and you have questions on what to do when your employer refuses to file a 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 to help.
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 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 has consistently secured the largest settlements in the state and is the best choice for your case. We never charge 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