What Is The Michigan Workers’ Compensation Statute Of Limitations?
The Michigan workers’ compensation statute of limitations requires you to notify your employer within 90 days of a work injury and file a formal work injury claim within 2 years. There’s no traditional filing deadline that permanently closes the door on reopening a claim later — but strict notice and filing deadlines determine what you can collect going forward, and how far back you can be paid.
- Notice Period: You must notify your employer within 90 days of the injury, or within 90 days of when you knew or reasonably should have known the injury was work-related. (MCL 418.381(1))
- Two-Year Claim Rule: A formal claim must be made within 2 years of whichever comes later: the date of injury, the date the disability becomes apparent, or your last day of employment with that employer. (MCL 418.381(1)) The claim can be made orally, but we recommend putting it in writing and asking to complete an accident report.
- Fatal Injury Claims: If a work injury results in death, the claim for death benefits must be made within 2 years of the date of death. (MCL 418.381(1))
- Two-Year Back Rule: Even when a claim is timely, you generally can’t recover more than 1 or 2 years of past-due benefits before your filing date, depending on whether benefits were previously paid. ((MCL 418.381(2) and (3))
- Extensions: The filing window is extended for as long as you’re receiving benefits or favored work because of the injury, and it can also be extended if you’re physically or mentally incapacitated and unable to file.
These notice, filing, and back-pay rules make up the Michigan workers’ compensation statute of limitations, are set out in MCL 418.381.
If your employer doesn’t report the injury to the state, you can file your own report using Form WC-117. If your claim is disputed, the next step is filing an Application for Mediation or Hearing (Form WC-104A) with the WDCA.
Why Michigan Workers’ Compensation Statute Of Limitations Matter
Missing the 90-day notice or 2-year claim deadline is one of the few things that can permanently bar you from collecting benefits under the Michigan workers’ compensation statute of limitations, even if your injury is legitimate.
We are frequently asked if work injury benefits can be collected for on-the-job injuries that occurred many years ago. This came up recently when a man contacted our office about something that happened decades ago. He was paid work injury benefits for a short period of time and did not complain again for years. He is now having more problems and wants to reopen his claim. Unfortunately, the insurance company has denied payment. Here is the advice we gave him about these Michigan workers’ compensation statute of limitations.
Benefits available under the Michigan workers’ compensation statute of limitations cover two essential things everyone should know about. The first is unlimited medical treatment for life. All reasonable and necessary medical care should be covered without any copayments or deductibles. The second is wage loss benefits if a person is unable to work. Wage loss benefits continue for as long as the person remains disabled, subject to old-age offsets.
Most people collect workplace injury benefits for a short period of time and get back to work quickly. They don’t necessarily consider what happens if they need additional medical treatment down the road or end up having to stop working entirely. It can be extremely stressful calling the insurance company and finding out a claim is closed.
What Happens If I Miss The 90-Day Notice Deadline For A Workers’ Comp Claim In Michigan?
Missing the 90-day notice deadline doesn’t automatically bar your work injury claim. Under MCL 418.381, late notice only defeats a claim if the employer can show it was prejudiced by the failure to provide notice within the statutorily-required 90 days, for example, if the delay made it harder to investigate the injury or provide timely medical care. If your employer can’t show that prejudice, you may still be able to pursue benefits even after the 90-day window has passed. That said, waiting is risky, and you should give notice as soon as possible and speak with a work injury lawyer if you’ve missed the deadline.
Can I Reopen A Michigan Workers’ Comp Claim Years After It Was Closed?
Yes, in many cases. Because Michigan has no traditional statute of limitations on future workers’ compensation benefits, you can generally seek additional medical treatment or wage loss benefits later, as long as your original notice and claim were made within the required timeframes. However, reopening a claim doesn’t erase the back rules — you’ll typically be limited to 1 or 2 years of past-due benefits from the date you file, even if the underlying injury happened much earlier. Medical evidence connecting your current condition to the original work injury is critical to reopening a claim successfully.
What If My Employer Won’t Report My Injury To The State?
Your employer is required to report your work injury to the state, but if they fail to do so, you don’t lose your right to benefits. You can file your own report using Form WC-117 with the WDCA. This puts your injury on record even without your employer’s cooperation and protects your ability to pursue a claim under the Michigan workers’ compensation statute of limitations.
What If My Workplace Injury Claim Is Disputed?
If your employer or their insurance company disputes your claim, the next step is filing an Application for Mediation or Hearing (Form WC-104A) with the WDCA. A magistrate will review the dispute and can order benefits to be paid if your claim is valid. You’re not required to accept a denial as final — filing for a hearing is the formal way to protect your rights.
Does The Michigan Workers’ Compensation Statute Of Limitations Apply If I Didn’t Know My Injury Was Job-Related Right Away?
Yes, but the clock doesn’t necessarily start on the date of the accident. Under MCL 418.381, the 2-year claim period runs from whichever comes later: the date of injury, the date your disability becomes apparent, or your last day of employment with that employer. This matters most for gradual-onset conditions like repetitive stress injuries or hearing loss, where symptoms may not show up — or be connected to work — until well after the initial exposure.
Injured on the Job In Michigan And Have Questions About The Workers’ Compensation Statute of Limitations? Call Our Attorneys Now For A Free Consultation!
If you were injured on the job in Michigan and have questions about the workers’ compensation statute of limitations in regards to your case, 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 navigate the Michigan workers’ compensation statute of limitations and recover for on-the-job injuries.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 claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers’ Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
Related information:
How To File A Workers’ Comp Claim In Michigan: What You Need To Know
