We frequently receive calls and emails from employees dealing with long-standing workplace injuries. Many have been continuing their jobs in pain without proper medical care for years. They often ask, “Can I reopen a closed workers’ comp case in Michigan?” to seek additional medical treatment or wage-loss benefits. Here’s what you need to know.
Can you reopen a closed workers’ comp case in Michigan?
In Michigan, you can reopen a closed workers’ comp case if your injury worsens or new symptoms appear that are directly related to your original workplace injury. To do so, you’ll need updated medical evidence or expert testimony showing a clear connection between your current condition and the initial injury. Past-due benefits are limited by the state’s one- and two-year back rules (MCL 418.381(2) and (3)).
In general, a closed Michigan workers’ comp case can be reopened if it was not resolved by a full and final redemption. This may occur when a job-related condition worsens, new medical evidence becomes available, or a legal or factual error affected the original outcome. The same back-benefit limits apply to any past compensation sought.
In Michigan, whether a reopened workers’ comp case can move forward depends largely on how it was originally closed. Claims that ended without a full and final settlement may allow additional benefits if the employee’s condition deteriorates or new information changes the medical or legal analysis. In contrast, claims resolved through a judge-approved redemption are generally final, with the claim revisited only in rare circumstances.
In practice, pursuing additional benefits typically requires filing a formal petition with the WDCA and submitting updated medical evidence linking the current condition to the original workplace injury. Even when a claim is reinstated, our state’s back-benefit rules may significantly limit recovery, making timely action and thorough documentation especially important.
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 claim was resolved and other specific circumstances. While claims 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 claim:
- How the matter was concluded – If your claim was resolved through a full and final settlement (compromise and release), revisiting it is usually not allowed.However, if it was concluded 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 claim was resolved, you may be eligible to reevaluate the claim 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 claim.
- 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 claim review.
- Time limits – State law sets strict time limits for revisiting a claim, often based on the date of the last payment or the date of the original award.
- Our state’s specific legal rules – Every state has its own laws for workplace 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, there is no set timeline that prohibits you from reopening a closed workers’ comp case, as long as you can provide medical proof showing that your current condition is directly related to your original workplace injury. Claims resolved by a final settlement usually can’t be revisited except in very limited circumstances shortly after approval.
Watch out for insurance companies who automatically dispute workplace injury claims based upon the age of the claim. Do not fall for the excuse that you can’t revisit a claim. Medical treatment is a lifetime benefit when evidence shows it is for a workplace-related injury. Wage loss benefits are also available when an employee can no longer perform job duties.
What is the process for reopening a closed workers’ comp case in Michigan?
If your workplace injury has worsened or new information has come to light, you may be able to revisit your claim. Here’s a general outline of how the process operates:
- 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 claim.
- File a formal petition – Submit a petition to the WDCA, 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 hire an experienced lawyer who can help you meet deadlines, navigate legal requirements, and build a strong claim.
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 treatment is not limited. Wage loss is only available if an individual is actively seeking employment but cannot perfom job duties.
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 resolved workplace injury claim? 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 our state. 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 claim.
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.
Our law firm has consistently secured the largest settlements in the state and is the best choice for your claim. We never charge a fee to evaluate a potential claim. Our law firm has represented injured and disabled employees exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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