Michigan lawyer explains how to file a workers’ comp claim and what benefits are available.
We get many telephone calls and emails from people hurt on the job who are wondering about their legal rights. It can be overwhelming when paychecks stop, and medical bills start piling up. This situation gets even worse when an employer refuses to submit a request. Here are some issues that pop up after a workplace accident and how to file a workers’ comp claim in Michigan.
How To File A Workers’ Comp Claim In Michigan
In Michigan, to file a workers’ comp claim you must notify your employer of your injury within 90 days and submit a request for lost wages and medical care within two years, while seeking treatment from an approved provider. Notice can be oral, but completing an accident report gives written proof. Your employer then submits a request for benefits to their workplace injury insurance carrier, which reviews the information and determines eligibility for medical care, wage-loss benefits, or disability payments.” If a case is disputed or denied, the state’s Workers’ Disability Compensation Agency can assist with hearings and appeals. Keeping detailed records of your injury, treatment, and communications is essential throughout the process. We will explain each step in greater detail to help guide you through the entire legal process.
Report the injury immediately
In Michigan, reporting a work-related injury immediately is a critical first step in filing a workers’ comp claim. You must notify your employer as soon as possible, as state law requires that work-related injuries or illnesses be reported within 90 days of the incident. Prompt reporting helps ensure that your claim is valid and that you can access necessary medical care and wage-loss benefits without delay.
It’s strongly recommended to provide notice in writing to create a formal record of the incident. Written documentation protects both you and your employer by clearly outlining when and how the injury occurred, making it easier for the insurance carrier to review your case. Keeping detailed records at this stage sets a solid foundation for the rest of the legal process.
Seek medical attention
After reporting your injury, the next step to file a Michigan workers’ comp claim is to seek care at an approved occupational health clinic. Under state law, your employer—or their work injury insurance—has the right to select your medical provider for the first 28 days of treatment. Visiting an unauthorized provider during this period may result in your medical expenses not being covered.
Once the initial 28-day period ends, you have the right to choose your own treating physician, provided you notify the insurance company in writing. Following this process ensures that your treatment is documented correctly and that your request for benefits remains valid, while also giving you more control over your ongoing care and recovery.
Employer files the Michigan workers’ comp claim
Once you’ve reported your injury and sought medical care, the next step is for your employer to file the workers’ comp claim in Michigan. Your employer should complete and submit a First Report of Injury (Form WC-117) to their workers’ compensation insurance carrier. This form notifies the insurer of your injury and officially starts the claims process.
Filing the case promptly ensures that your medical bills and any lost wages can be processed without unnecessary delays. It also creates a formal record of your injury, which is essential if there are any disputes or additional steps later in the workers’ compensation process.
Insurance company review
After you file a workers’ comp claim in Michigan, the insurance company will review the information provided. The insurer may approve, deny, or request additional documentation to determine eligibility. They are responsible for paying medical bills and, if applicable, covering wage-loss benefits related to your injury.
Careful documentation and timely responses to any insurer requests help ensure that your case for benefits is processed smoothly. Maintaining accurate records of your injury, treatment, and communications with your employer or medical provider can prevent delays and support your eligibility for all benefits you are entitled to.
Receive benefits
Once you file a workers’ comp claim in Michigan and it is approved, you may be eligible to receive compensation for your injury. This can include medical benefits for treatment, therapy, medications, or surgeries; wage-loss benefits to partially replace lost income; and disability benefits if you have a temporary or permanent impairment.
Receiving compensation ensures that your medical care is covered and that you are supported financially during recovery. Keeping thorough records of treatments, missed work, and any ongoing limitations can help protect your benefits and provide documentation if questions arise later in the legal process.
Keep records
After you file a workers’ comp claim in Michigan, it’s essential to keep detailed records of your injury, treatment, and communications. This includes documenting when and how the injury occurred, all medical visits, medications, therapy, and any conversations with your employer or the insurance company.
Accurate records provide a clear timeline and proof of your injury, which can be critical if questions arise, benefits are disputed, or additional requests for benefits are needed. Maintaining organized documentation helps ensure your case is processed smoothly and that you receive all the benefits you are entitled to.
Who is eligible to file a workers’ comp claim in Michigan?
In Michigan, most employees are eligible to file a workers’ comp claim if they suffer a work-related injury or illness. You must be classified as an employee—not an independent contractor—and your employer must be required to carry work injury insurance, which generally applies to businesses with at least three employees or one full-time employee working 35+ hours a week for 13 consecutive weeks.
To qualify, the injury or illness must arise out of and in the course of your employment, and it must cause a disability that affects your ability to earn wages. You may also need to show a related wage loss to receive certain benefits. However, benefits may be denied if the injury was caused by gross misconduct or a willful violation of safety rules. If you’re unsure about your eligibility, it’s best to speak with an experienced attorney.
What types of injuries are covered?
Work injury insurance covers a wide range of injuries and illnesses that occur in the course of employment. This includes sudden injuries like slips and falls, broken bones, burns, and concussions, as well as repetitive stress injuries such as carpal tunnel syndrome or tendonitis. Occupational illnesses caused by workplace exposure—like respiratory issues, skin conditions, or hearing loss—are also covered.
If a pre-existing condition is aggravated by your job, it may still qualify for benefits. In some cases, mental health conditions like PTSD or anxiety may be compensable if they’re directly linked to a traumatic work-related event.
However, injuries that happen during your commute, at recreational work events, or due to intoxication or misconduct generally are not covered. In our state, workplace injury benefits may include medical care, lost wages, vocational rehabilitation, disability payments, and even death benefits for surviving family members.
When should I file a workers’ comp claim in Michigan?
In Michigan, if you’ve been injured on the job, it’s important to file your workers’ comp claim quickly. You should report your injury to your employer as soon as possible—ideally right after it happens. Legally, you must give notice within 90 days, but the sooner you report it, the stronger your case will be.
If your employer or their insurance company denies benefits, you have up to 2 years from the date of injury (or when you became aware of your work-related condition) to file a formal case with the WDCA.
Delaying your request for benefits can result in denied benefits or missed deadlines, so don’t wait to take action.
What happens if I miss the filing deadline?
Missing the deadlines for filing a workers’ comp claim in Michigan can significantly impact your ability to receive benefits. Michigan law requires that you notify your employer within 90 days of a work-related injury or illness and file a request for lost wages and medical care within two years of the accident. Failing to meet these deadlines may result in your request for benefits being denied, as the employer and insurance company are not formally made aware of your injury.
In some limited situations, exceptions may apply, such as if you were unaware the injury was work-related or were incapacitated. However, these exceptions are rare and require strong documentation. Acting promptly, reporting your injury in writing, and maintaining detailed records are crucial steps to protect your case and ensure access to medical care, wage-loss, and disability benefits.
What benefits are available?
After you have filed a workers’ comp claim in Michigan, employees who are disabled from employment are supposed to receive wage loss benefits. The amount paid should equal 80% of your after-tax average weekly wage. A rough estimate would be 60% of gross wages. This is based upon the highest 39 paid weeks out of the last 52. Income received is tax free.
Medical treatment is also covered 100% without any copayments or deductibles. This includes attendant care, doctor visits, durable medical equipment, prescription medications, physical therapy, and surgery. Mileage to and from appointments should also be covered.
What happens after I file a workers’ comp claim in Michigan?
In Michigan, once you file a workers’ comp claim, several steps follow that determine whether you’ll receive benefits:
- Case review by employer/insurer: Your employer and their insurance company will review the details of your injury and may investigate the case.
- Medical treatment: If approved, your employer is responsible for providing medical care related to your injury. You must treat with a doctor chosen by your employer for the first 28 days.
- Wage loss benefits: If you’re unable to work for more than 7 days, you may begin receiving weekly wage loss benefits, usually equal to 80% of your after-tax average weekly wage.
- Possible disputes: If your case is denied or benefits are delayed, you have the right to file an application for mediation or a hearing through the WDCA.
- Ongoing communication: You may need to provide medical updates, attend independent medical exams (IMEs), or participate in vocational rehabilitation, depending on your situation.
Beginning the compensation process is just the first step. Having an experienced attorney can help protect your rights and ensure you receive the full benefits you deserve.
What about when an employer refuses to initiate a case?
Unfortunately, some employers refuse to submit job-related injury requests. They are worried about higher insurance premiums and want to game the system. Some employers have large deductibles and believe they can escape payment by obstructing cases.
Employees can short-circuit this process by filing their own Employee’s Report of Benefits (Form WC-117) with the WDCA. Notice will be sent directly to the employer’s insurance carrier who will then investigate the situation.
Watch out for employers who promise to pay money under the table. It rarely lasts and can jeopardize other legal rights. Never lie to a medical provider about how an accident occurred! Employees cannot sign away their legal rights so don’t be deceived.
What about when an insurance company disputes payment of benefits?
When the insurance carrier has disputed payment, submit an Application for Mediation or Hearing (Form WC-104A). We recommend hiring a lawyer because these cases are difficult. A magistrate will decide if additional benefits must be paid.
Do I Need A Lawyer To File A Workers’ Comp Claim In Michigan?
In Michigan, you typically do not need a lawyer to file a workers’ comp claim. The process allows employees to report work-related injuries, seek treatment from an approved medical provider, and submit the necessary forms directly through their employer and the insurance carrier. For straightforward injuries, most requests for benefits are handled without legal representation.
However, there are situations where hiring a lawyer can be very beneficial. If your request for benefits is denied or disputed, an attorney can help you navigate hearings, mediations, or appeals with the state state WDCA. Legal guidance is also helpful for complex or ongoing injuries, such as multiple surgeries, permanent restrictions, or chronic conditions, where calculating benefits and documenting long-term care can be challenging.
Additionally, lawyers assist with settlements, wage-loss calculations, and disability benefits, ensuring you receive all compensation you are entitled to. They can also manage deadlines, paperwork, and communications with insurers, reducing the risk of errors that could jeopardize your request for benefits. Even if your case seems simple, having an attorney can provide peace of mind and protection throughout the process.
Why Choose Michigan Workers’ Comp Lawyers To File My Claim?
If you need help filing a claim, choosing Michigan Workers’ Comp Lawyers means your settlement will be handled by attorneys with decades of focused experience in workplace injury law. We don’t just handle workplace injury requests for benefits—we specialize in them, bringing deep knowledge of our state’s employee injury insurance system to every case.
Our team’s credentials speak for themselves: founding attorney Alex Berman has been recognized as a Super Lawyer for ten consecutive years and received the Hall of Fame Award from the State Bar. Jeffrey E. Kaufman and Andrea L. Hamm have earned Super Lawyer status after years of Rising Star recognition, and our attorneys—including Todd Barry and William E. Gray—have consistently been named Top Lawyers in Metro Detroit by DBusiness Magazine. These achievements reflect real, verifiable expertise and sustained performance, giving you confidence that your case will be handled with the authority, skill, and attention it deserves.
Injured on the job in Michigan and need help filing a workers’ comp claim? Call our work injury attorneys now!
If you suffered an injury on the job in Michigan and need help filing your workers’ comp claim, call now to speak with an experienced attorney, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced attorney. 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 statewide. 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 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.
Our law firm never charges 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.
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