To file a workers’ comp claim in Michigan, you must notify your employer within 90 days, treat with their approved doctor for the first 28 days, and file a formal claim within 2 years of the injury. Understanding each stage of the Michigan workers’ comp claim process can help you avoid mistakes that delay your benefits. Below is a quick overview of what to expect at each step:
Michigan Workers’ Comp Claim Process In 6 Steps
- Report the Injury: Notify your employer of your injury within 90 days. (MCL 418.381(1))
- File Your Claim: Within 2 years of your injury, make a claim for compensation to your employer or the Workers’ Disability Compensation Agency. (MCL 418.381(1)) Make in your claim in writing to ensure there is a record of it.
- Medical Treatment: Your employer chooses your doctor for the first 28 days; you may switch providers after that. (MCL 418.315(1))
- Wage-Loss Benefits: Workers off 7+ days receive 80% of after-tax average weekly wage; if disability lasts 14+ days, the first week is paid retroactively. (MCL 418.301(7); 418.311)
- Disputed Claims: If your employer or insurer denies your claim, you can file an Employee’s Report of Claim or request a hearing.
- Settlement: You may negotiate a lump-sum settlement in exchange for future benefits.
Below is more information and advice about how to best proceed with each step of the process for your Michigan workers’ comp claim.
Step 1. Give Your Employer Notice of Your Injury
Employees hurt on-the-job must give notice to their employer within 90 days. (MCL 418.381(1)) Notice can be oral so simply telling a manger or supervisor is enough. However, it is a good idea to fill out an accident report so there is written proof. This should be the easiest part of the Michigan workers’ comp claim process. Never wait overnight or until the following shift to give notice as this is a red flag that employers will use to dispute claims.
Step 2. Make A Claim for Your Injury
Employees who want to see a doctor or get paid time off must make a claim within 2 years. (MCL 418.381(1)) A claim is simply asking for medical treatment or wage loss benefits. There is no written requirement under Michigan law. However, it is a good idea to ask for benefits in writing so there is no question that it was done timely. A simple email should be enough. Watch out for bad employers who refuse to accept a claim because they are trying to game the system. An Employee’s Report of Claim can be filed with the State of Michigan and it will automatically start the workers’ comp claim process.
Step 3. Seek Medical Treatment Promptly
Employees who give notice and make a claim are entitled to medical treatment. This is a critical step because it will generate medical proof. Employers are given sole authority to select medical providers during the first 28 days. (MCL 418.315(1)) Expect to be seen at Concentra or some other occupational clinic during this 28-day period. We recommend switching doctors after 28 days to ensure there is no conflict of interest should a dispute occur.
Step 4. Collect Your Wage Loss Benefits
Employees who are off for a minimum of 7 days can get wage loss benefits. (MCL 418.311) The amount paid should equal 80% of their after-tax average weekly wage. (MCL 418.301(7)) This calculation includes overtime, discontinued fringe benefits, and even second jobs. If your disability continues for more than 14 days, you’ll be paid retroactively for that first week. (MCL 418.311) Statistics from the Workers’ Disability Compensation Agency (WDCA) show it takes an average of 19 days from entitlement to payment.
Step 5. Contest Your Employer’s Notice of Dispute
Sometimes employers or insurance companies refuse to pay benefits. A Notice of Dispute will be sent listing the reasons. This is a critical stage of the Michigan workers’ comp claim process because time is of the essence. 1-year-back and 2-year-back rules limit the potential recovery for people who wait to challenge a dispute. (MCL 418.381(2) and (3)) It is important to speak with an experienced lawyer immediately.
Step 6. Negotiate A Settlement of Your Claim
Many of our clients eventually want to negotiate a settlement for their claim. This includes individuals who are paid voluntarily and those who have seen their benefits disputed. A settlement allows them to trade future benefits for a lump sum cash payment. This money can be used for any purpose including medical treatment, job searches, retraining, education, paying off debt, and retirement. Never enter this step of the Michigan workers’ comp claim process without getting a free consultation from an experienced lawyer. Insurance companies take advantage of people who are not represented.
How long do I have to report a work injury to start the workers’ comp claim process in Michigan?
Employees hurt on the job must give notice to their employer within 90 days. Notice can be oral, but it’s a good idea to fill out a written accident report as well. (MCL 418.381(1))
What is the first step in the Michigan workers’ comp claim process?
In Michigan, the workers’ comp claim process begins when you report your injury to your employer and seek prompt medical attention. Employees must make a claim for medical treatment or wage loss benefits within 2 years of the injury. (MCL 418.381(1))
Who chooses my doctor for a workplace injury?
Your employer has sole authority to select your medical provider for the first 28 days after a work injury. (MCL 418.315(1)) After that period, you can switch to your own doctor.
This rule gives employers a brief window to direct care while a claim is still being evaluated, but it doesn’t mean you’re stuck with a provider who isn’t taking your injury seriously. If the employer-chosen doctor dismisses your symptoms or clears you too soon, document everything and find your own physician once the 28 days expire — switching often means access to specialists who better understand your injury and can strengthen your claim.
How long does it take to get paid during the workers’ comp claim process in Michigan?
Workers off the job for 7 or more days are eligible for wage loss benefits equal to 80% of their after-tax average weekly wage. (MCL 418.301(7); 418.311) If disability continues for more than 14 days, the first week is paid retroactively. Statistics from the WDCA show it takes an average of 19 days from entitlement to payment.
What happens if my employer disputes a workers’ comp claim during the process?
If your employer or their insurance carrier disputes your claim, you can file an application for mediation or hearing with the state. (MCL 418.847) Time limits apply, so it’s important to speak with an attorney immediately.
Injured on the job in Michigan? Call our attorneys now!
If you are injured on the job in Michigan and have questions about the workers’ comp claim process, call now to speak with an experienced workplace injury attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re 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 worplace 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.
Remember, every claim 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.
Related information:
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