How Long Do I Have To Sue For Work Related Injuries?

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How Long Do I Have To Sue For Work Related Injuries

Michigan attorney explains important time frames when an employee gets hurt on-the-job and how long they have to sue for work related injuries.

Timing is everything when it comes to workers’ compensation. Many disabled employees get left out in the cold because they did not report an accident or file a claim on time. Some find out years later that claims have been closed and the insurance company will not pay anything more. Here are some rules that every employee should know about their workers’ compensation rights in Michigan. Make sure to contact an experienced attorney about your own situation to find out how long you have to sue for work related injuries.

How Long Do I Have To Sue For Work-Related Injuries in Michigan?

In order to sue for work related injuries in Michigan you must also make a claim for workers’ compensation benefits within 2 years. Claim requires nothing more than verbally asking for medical treatment and/or wage loss benefits.

We still recommend make a claim in writing and taking additional steps if benefits are not started within 30 days. Watch out for insurance companies who want to take a recorded statement before approving payments as this is not required under Michigan law.

Notice

Before you can sue for work related injuries in Michigan, you must give notice of your injury within 90 days from the time it occurs. Notice can be oral so just telling a manager or supervisor is usually enough. However, it is best to fill out an accident report and make sure to keep a copy for your own records.

This will serve as written proof that an accident did occur. Some employers refuse written accident reports so make your own and it send it to them by certified mail return receipt requested. Do not rely upon coworkers to back you up as they are usually more interested in protecting their own self-interest. Watch out for employers who insist that notice must be given by end of shift or some other arbitrary time period.

Past-due

1 and 2 year back rules also limit how much past due workers’ compensation can be collected. An employee who was previously paid wage loss benefits will be limited to 1 year back from the time his or her Application for Mediation or Hearing was filed. An employee who was never paid wage loss benefits can go back 2 years. Employees can also seek penalties if the insurance company does not make wage loss payment within 30 days from them becoming due. Penalties are generally limited to $50 per day up to a maximum of $1,500.

Causation/Disability

How long do I have to sue for work related injuries? This is an easy question that has a somewhat difficult answer. Employees hurt on-the-job have an indefinite amount of time to seek workers’ compensation benefits provided notice and claim were timely made. Medical evidence must also show work-relationship and disability. Proving a case years after the fact can be somewhat challenging and it is best to get a free consultation from an experienced attorney before acting.

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 35 years. Call (844) 316-8033 for a free consultation today.

Related information:

How Much Are Workers’ Comp Lawyer Fees?

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Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.