We frequently get telephone calls and emails from disabled employees who are suffering from an old workplace injury. Many of these individuals have been working in pain and without proper medical care for years. They want to know the answer to the question “can you reopen a closed Michigan workers’ comp case?” in order to seek additional medical treatment and/or wage loss benefits. Here is what you need to know.
Can you reopen a closed workers’ comp case in Michigan?
In Michigan, there is no statute of limitations so a disabled employee can reopen a closed workers’ comp case and seek future benefits if notice and the claim were properly made at the time of injury. Payment will be subject to a 1 and 2 year back rule that limits how much past due benefits can be collected. (MCL 418.381(2) and (3))
What are the factors that affect reopening a closed workers’ comp case in Michigan?
In Michigan, it may be possible to reopen a closed workers’ comp case but it depends on how the case was resolved and other specific circumstances. While cases that end in a full and final settlement generally cannot be reevaluated, there are exceptions. Below are the main factors that may affect your ability to revisit a case:
- How the case was closed – If your case was closed through a full and final settlement (compromise and release), revisiting is usually not allowed. However, if it was closed by a magistrate’s award or order, you may have legal grounds to revisit it.
- Worsening of your medical condition – If your injury has significantly worsened since the case was closed, you may be eligible to reevaluate the case to seek additional medical or wage loss benefits.
- New evidence – The discovery of new medical records or other evidence that wasn’t available during the original claim process could support revisiting the case.
- Error or fraud – If there was a legal or factual mistake in the original decision, or if the insurer or employer committed fraud, these may be valid reasons to request a case review.
- Time limits – State law sets strict time limits for revisiting a case, often based on the date of the last payment or the date of the original award.
- Michigan’s specific legal rules – Every state has its own laws for work injury benefits, so it’s important to understand our state’s specific legal requirements before trying to reevaluate a claim.
How long do you have to reopen a closed workers’ comp case in Michigan?
In Michigan, you have an indefinite amount of time to reopen a closed workers’ comp case provided that medical evidence supports that the claim is for a work-related injury. This is a necessary step to reevaluating a work injury claim whether it be a medical or wage loss claim.
Watch out for insurance companies who automatically dispute workers’ comp claims based upon the age of the claim. Do not fall for the excuse that you can’t revisit a case. Medical treatment is a lifetime benefit when evidence shows it is for a work-related injury. Wage loss benefits are also available when an employee can no longer perform work.
What is the process for reopening a closed workers’ comp case in Michigan?
If your work injury has worsened or new information has come to light, you may be able to revisit your work injury claim. Here’s a general outline of how the process works:
- Gather supporting evidence – Collect updated medical records, accident reports, and any documentation that shows your condition has worsened or that an error or fraud occurred in your original case.
- File a formal petition – Submit a petition to the Michigan Workers’ Disability Compensation Agency, including all supporting medical evidence and notice to the appropriate parties.
- Consult with an attorney – Revisiting a claim can be complex, so it’s strongly recommended to work with an experienced lawyer who can help you meet deadlines, navigate legal requirements, and build a strong case.
More on notice and claim
The first step to successfully reopen a closed workers’ comp case in Michigan is to ensure the original workplace injury was documented correctly. Notice of injury must have been given to an employer within 90 days of the occurrence. (MCL 418.381(1)) Simply telling a manager or supervisor that an injury occurred is enough. We recommend filling out an accident report so there is written proof. Make sure to keep a copy.
A claim for benefits must be made within 2 years. (MCL 418.381(1)) This can also be accomplished by simply asking for medical treatment or wage loss benefits. It is a good idea to put something in writing requesting formal assistance.
Employees who were paid benefits in the past have direct evidence of notice and claim. Keep all letters from the employer and insurance company in a safe place so they can be used as proof.
More on causation
The next step to successfully reopen a closed workers’ comp case in Michigan is to prove causation. This means a qualified physician must say that current problems are related to an old workplace injury. This can be difficult to obtain unless medical evidence like MRIs or EMGs support it. Watch out for insurance company doctors who say current problems are preexisting or just part of the aging process.
Benefits will only be paid going back either 1 or 2 years from the court filing date. Future medical is not limited. Wage loss is only available if an individual is actively seeking employment but cannot work.
Settlement: redemption vs. voluntary
There is an important distinction between a “redemption” and a “voluntary payment.” A redemption is when all past and future benefits are traded for a lump sum cash payment. These types of claims cannot be reevaluated in the future.
A voluntary payment occurs when the insurance company pays benefits up through the date of an agreement. You can reevaluate a claim under a voluntary payment as future benefits are not given up and the claim can be revisited.
What are the benefits of having a lawyer when reopening a closed workers’ comp case in Michigan?
Reopening a closed workers’ comp case in Michigan can be legally complex and time-sensitive. An experienced attorney can help you determine if you’re eligible to revisit your claim, especially if your condition has worsened or new evidence has come to light. They can gather strong medical documentation, file the correct legal petitions, and represent you in hearings before a magistrate. A lawyer also ensures you meet all deadlines and avoid mistakes that could cost you benefits. Most importantly, they advocate for your rights and help maximize the compensation you may be entitled to receive.
Want to reevaluate a closed work injury case? Call our attorneys for a free consultation!
If you were injured on the job in Michigan and want to reopen a closed workers’ comp case, call now (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.
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 employees exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
Related information:
Permanent Work Restrictions And Workers’ Comp: What You Need to Know
