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 your work related injuries in Michigan.
How long do I have to sue for work-related injuries in Michigan?
In Michigan, to sue for work related injuries you must give notice within 90 days and make claim within 2 years. Both are done by asking for medical or lost wages because of a work accident. A person can than file an Application for Mediation or Hearing if they can show causation and disability.
To sue for work related injuries in Michigan you first must give notice to your employer
Before you can sue for work related injuries in Michigan, you must have given notice of injury within 90 days from the time it occurs. Notice can be oral so just telling a manager or supervisor is enough. However, it is best to fill out an accident report and make sure to keep a copy for your own records.
An accident report will serve as written proof that it occurred. 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.
Give notice of injury
Employees hurt on-the-job must make an initial claim for workers’ comp benefits within 2 years of the accident occurring. This is done by asking a manager or supervisor for medical treatment or time off work because of a workplace injury.
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.
Past-due
1 and 2 year back rules 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
Employees hurt on-the-job have in Michigan an indefinite amount of time to sue workers’ compensation for work related injuries 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.
Injured on the job in Michigan? Call our workers’ comp lawyers now!
If you were injured on the job in Michigan and have questions on how long you have to sue for work related injuries or need help filing your workers’ comp claim, call now to speak with an experienced 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 workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan 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.
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.
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