To get workers’ comp in Michigan an employee must give notice of an on-the-job injury within 90 days and make a claim for benefits within 2 years. Both requirements can be done orally so just telling a manager or supervisor about the workplace accident and asking for medical care should be enough. Here is some information about what workplace injury benefits pay and how to receive them.
What Is Workers’ Comp In Michigan?
Workers’ comp insurance is a type of coverage that Michigan businesses are required to purchase by law. Benefits are paid regardless of fault but are limited in amount. In exchange, employers get protection from civil lawsuits for their negligence.
According to Michigan law, employees who are hurt on-the-job are entitled to medical treatment and lost wages. It does not matter who was at fault provided the injury arises out of and in the course of employment.
Employers who fail to purchase required insurance are still responsible for payment of workplace injury benefits. Officers and directors of the business can be found personally liable. Penalties also include civil fines and jail time as a criminal misdemeanor.
How To Get Workers’ Comp In Michigan
To get workers’ comp in Michigan after being injured on the job you must give notice of injury to the employer within 90 days. Claim must be also made within 2 years to qualify. There is no statute of limitations but a 1 and 2 year back rule may apply.
To get workers’ comp in Michigan after being injured on the job, follow these four steps:
- Report the injury to your employer within 90 days. Notice can be given orally — simply telling a manager or supervisor about the workplace accident and asking for medical care is enough (MCL 418.381).
- Get medical treatment. Your employer has the right to select your medical provider for the first 28 days (MCL 418.315).
- File a claim within 2 years (MCL 418.381). Your employer is required to report the injury to the state on Form WC-100. If they fail to do so, you can file your own claim using Form WC-117. There is no statute of limitations on the claim itself, but a 1 and 2 year back rule may limit how far benefits can be recovered.
- Receive your benefits. Once approved, you may be entitled to:
- Payment for medical care related to the injury
- Wage-loss benefits equal to 80% of your after-tax average weekly wage (MCL 418.301), starting after 7 consecutive days of disability
- Vocational rehabilitation services if you can’t return to your previous job
Medical treatment
There is no formal process and simply asking to see a doctor should be enough. It is up to the employer to select medical providers for the first 28 days. Our experience shows that most people are sent to an industrial clinic and receive subpar care. We recommend selecting your own doctor as soon as possible.
Lost wages
It will be up to a doctor to establish work restrictions. If the employer cannot accommodate those restrictions, wage loss benefits should be paid. The amount paid is equal to 80% of an employee’s after-tax average weekly wage subject to a state-wide maximum. Entitlement does not begin until at least 7 consecutive days of disability have passed.
How To Get Workers’ Comp When The Employer Will Not Cooperate?
Your employer is required to report your injury to the state on Form WC-100. If they fail to do so, you can file your own claim with the State of Michigan using Form WC-117. Notice will automatically be sent to the employer and its insurance company by the Agency. This will start the claim process and ensure legal rights are protected. Any dispute can be challenged with a magistrate at a formal hearing.
Watch out for employers who refuse to file claims and insist on paying cash under the table. These promises are rarely kept and could jeopardize payment of future workplace injury benefits.
Never lie to a doctor or hospital about how the work accident occurred in exchange for a worthless agreement. A magistrate will review medical records and use this evidence to deny payment based upon your credibility. It is a trick so do not fall for it!
What If My Workers’ Comp Claim Is Denied In Michigan?
If your workers’ comp claim is denied, or your employer refuses to report the injury, you can request a hearing through the Michigan Workers’ Disability Compensation Agency (MCL 418.847). A magistrate will review the dispute and can order benefits to be paid if the claim is valid. You do not need to accept a denial as final — filing for a hearing is the formal next step to protect your rights.
Injured While On-The-Job In Michigan And Need Help With Your Claim? Call Our Lawyers Now For A Free Consultation!
If you were injured while on the job in Michigan and have questions about how to get workers’ comp, call us 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 statewide for more than 40 years. Our attorneys can help you better understand 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 law firm never charges a fee to evaluate a potential case. Our attorneys have represented injured and disabled workers exclusively in Michigan for more than 40 years. Call (855) 221-2667 for a free consultation today.
Related information:
Can I Sue My Employer For A Workplace Injury?
