Michigan workplace injury lawyer discusses how long a person can get medical treatment and wage loss benefits.
Our job as Michigan workers’ comp lawyers is to protect clients for as long as they need medical treatment and/or wage loss benefits. This is sometimes a challenge when offsets for age and retirement automatically occur. Insurance companies also dispute claims when they believe it is dragging on for too long. A person who has been injured on the job in our state can get these benefits for as long as they are needed. Here is why planning for the future is the key to maximize what is paid.
Many of our Michigan clients want to know: How long can you stay on workers’ comp? This is completely normal because a workplace accident can prevent them from returning to their regular jobs. It might even result in an early retirement. Having a plan in place is the key to getting back to a more normal life. Here are some issues to think about when planning for the future.
How long can you stay on workers’ comp in Michigan?
In Michigan, an injured employee can stay on workers’ comp for as long as they are disabled and unable to return to work because of a job-related injury or illness. Wage-loss benefits may continue for the entire duration of the disability, with no set time limit for permanent, total disability. However, benefits may be reduced, suspended, or terminated if the injured employee is able to return to work, declines reasonable employment within their medical restrictions, or reaches retirement age under applicable state rules.
How long do workers’ comp medical benefits last in Michigan?
In Michigan, workers’ comp medical benefits can last for the rest of an injured employee’s life, as long as the treatment remains reasonable, necessary, and directly related to the work injury or occupational illness. There is no fixed time limit in the statute for covered medical care on an accepted claim, so long-term treatment such as surgery, prescriptions, physical therapy, and follow-up visits may continue indefinitely when medically supported.
Coverage for medical treatment starts right away after the injury, without a waiting period, but there are rules about which doctor you see at first. During the first 28 days, the employer (or its insurance company) has the right to choose the treating physician; after that, the employee can select their own qualified doctor, subject to certain notice requirements. Disputes can arise if the insurer questions whether ongoing care is still related to the work injury or is reasonably necessary, but when those issues are resolved in the employee’s favor, medical benefits can continue with no hard end date.
How long do workers’ comp wage loss benefits last in Michigan?
In Michigan, workers’ comp wage loss benefits last as long as you are disabled from a work injury and losing wages, with no set maximum number of weeks and no hard end date for a permanent disability. Benefits start after a short waiting period and can continue for many years, or even for life, if medical and vocational evidence shows you still meet our state’s legal definition of disability.
The amount paid is generally 80% of your after-tax average weekly wage, up to a statewide maximum, and the calculation can include overtime, discontinued fringe benefits, and income from second jobs you can no longer perform. Payments should continue for the entire period of disability, but once you reach age 65, there is typically a 5% reduction each year, up to a maximum 50% reduction at age 75, unless the insurer instead takes an offset using half of your Social Security retirement benefits. Be careful with any insurance company claim that you have “post-injury wage earning capacity” (PIWEC), because these assessments often undervalue what you have truly lost and can unfairly reduce or stop your checks.
How long do workers’ comp specific loss benefits last in Michigan?
In Michigan, workers’ comp specific loss benefits last for a set number of weeks based on which body part is amputated or loses its industrial use under the statutory schedule. These benefits are paid at your regular compensation rate and continue for the full scheduled period, even if you are able to return to work before the payments end.
State law assigns a fixed duration of benefits for specific losses such as a thumb, hand, arm, foot, eye, or leg. You do not have to prove ongoing wage loss to qualify for specific loss benefits, and in most cases you cannot receive them at the same time as regular wage loss benefits. However, you may return to work and still collect any remaining weeks of specific loss benefits you are owed under the schedule.
How long do I have to report an injury for workers’ comp in Michigan?
In our state, an injured employee generally has 90 days to report a workplace injury to their employer. This notice can be given verbally or in writing, but providing written notice is often recommended because it creates a record of when and how the injury was reported. The 90-day period usually begins on the date of the accident or when the employee first realizes the injury or condition is related to their job.
After reporting the injury, an employee may still need to formally pursue workplace injury benefits. In many cases, a claim must be filed within two years of the injury or the start of the disability. Reporting the injury as soon as possible is important because delays can lead to disputes with the employer or insurance company about whether the injury occurred at work.
Can I trade my workplace injury benefits for a lump sum cash payment?
In Michigan, an injured employees may be able to trade their workers’ comp benefits for a lump sum cash payment, but it must be done through a formal settlement. This type of settlement is commonly called a redemption. A redemption allows the injured employee and the insurance company to agree on a one-time payment that resolves some or all of the workplace injury claim.
However, a redemption must be approved by a magistrate to ensure the agreement is fair and in the best interest of the injured employee. Once approved, the lump sum payment typically closes the claim, meaning the employee usually gives up the right to future wage-loss benefits and, in many cases, future medical coverage related to the injury. Because a settlement is generally final, it is important for injured employees to fully understand the long-term impact before agreeing to a lump sum payment.
Do I need a lawyer for a workplace injury claim?
In our state, you are not required to hire a lawyer to file a workplace injury claim. Many injured employees initially report their injury and begin receiving medical treatment and wage-loss benefits without legal representation. However, the workplace injury process can become complicated if the employer or insurance company disputes the injury, denies benefits, or argues that you are able to return to the job.
An experienced lawyer can help protect your rights, gather medical evidence, handle disputes with the insurance company, and represent you in hearings if necessary. A lawyer can also assist with negotiating a settlement or lump sum redemption of your benefits. Because attorneys typically work on a contingency fee basis, you generally do not pay attorney fees unless they recover benefits or a settlement for you.
How can a lawyer maximize my workers’ comp claim in Michigan?
In Michigan, a workers’ comp lawyer can help maximize your claim by making sure you receive every benefit you’re entitled to under the law. They can ensure your injuries are fully documented by medical professionals, including any secondary or long-term conditions, which is essential for securing the full amount of wage-loss and medical benefits.
Lawyers also help evaluate the type of disability benefits you qualify for—whether temporary wage-loss, permanent partial disability, or permanent total disability—and can challenge any denials or reductions from your employer or the insurance company. They represent you at hearings, gather evidence, and negotiate settlements or lump sum redemptions to make sure the amount awarded reflects the full value of your claim while protecting your rights for future medical care or wage-loss benefits.
Injured while on the job and need legal help? Contact our lawyers now
If you were injured while on the job in Michigan and have questions about your workers’ comp claim, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured employees throughout the state for more than 40 years. Our attorneys can help you better understand our state’s workplace injury laws and what happens after someone has been hurt on the job. 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 attorneys 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:
Workers’ Comp Settlement and Retirement: What You Need To Know
