Important time limits that everyone should know about when it comes to filing a workers’ comp claim in Michigan.
Our attorneys offer free telephone advice to anyone who has been hurt on-the-job. There are some questions that come up repeatedly. For example, potential clients ask: how long do you have to file a workers’ comp claim in Michigan? We tell people there is no time limit as long as notice and a timely request were made. However, there are many problems that late reporting can create. Here is why an employee should never wait to tell their employer about a workplace accident.
There is no statute of limitations (time limits) to file a workers’ comp claim in Michigan provided an employee gives notice of the workplace injury within 90 days and makes an initial request within 2 years. If notice and application are done correctly, both can be made orally, workplace injury benefits can be sought at any time in the future.
How long do you have to file a workers’ comp claim in Michigan?
In Michigan, an initial workers’ comp claim for medical treatment or wage loss must be filed within 2 years, and the injury must be reported to the employer within 90 days. Meeting both deadlines preserves your rights. There is no statute of limitations, so a case can be filed any time in the future.
A person can seek benefits after a workplace injury at any time in the future provided, they gave notice and made an initial application. Notice is just telling a manager or supervisor about a workplace injury. A request can also be made orally and just requires asking for medical treatment and/or wage loss benefits.
There is a 1 and 2 year back rule that limits how much medical and wage loss can be sought for past benefits. Remember, in Michigan there is no time limit to file a workers’ comp claim if you give your employer notice of injury within 90 days and you make your claim within 2 years of the accident.
What a person can collect in past due benefits is limited. For example, a person who waits 5 years to seek reimbursement for medical bills might be limited to only 2 years back. If a person waits over 1 year to collect wage loss benefits, they could miss out on some past due money. However, all future medical treatment and wage loss can be sought.
Watch out for employers who try to game the system by putting artificial time limits on filing workers’ comp claims in Michigan. For example, an employee does not have to report an injury before the end of shift to qualify. This is a made-up rule that some employers use to unfairly deny people benefits.
Late reporting is a red flag for many insurance companies and will often be used to justify a dispute. We recommend that an employee immediately inform his or her employer should a workplace accident happen. It is a good idea to fill out an accident report. It is also a good idea to get checked out by a medical professional and make sure to mention getting hurt at work. This medical evidence will serve as de facto proof of the case.
Injured while on-the-job and need help? Contact our lawyers now for a free consultation!
If you were injured on the job in Michigan and you are wondering how long you have 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 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 across the 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 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 workplace injury case and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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:
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