Important time limits that everyone should know about when it comes to filing for workers’ comp in Michigan.
Our attorneys offer free telephone advice to anyone who has been hurt on-the-job. There are some questions that come up over and over again. For example potential clients frequently ask: how long do you have to file workers’ comp in Michigan? We tell people there is no time limit provided notice and claim were timely made. However, there are many issues that late reporting can create. Here is why an employee should never wait to tell their boss about a workplace accident.
There is no statute of limitations to file a workers’ comp claim in Michigan provided an employee gives notice of the workplace injury within 90 days and makes an initial claim within 2 years. If notice and claim are done correctly, workers’ comp benefits can be sought at anytime in the future.
How long do you have to file workers’ comp in Michigan?
Michigan law requires notice of injury be given to an employer within 90 days. Filing an initial Michigan workers’ comp claim for medical or wage loss must also be made within 2 years. If both requirements are satisfied it will lock in a person’s legal rights. There is no statute of limitations so a case can be filed any time in the future.
A person can seek benefits after a workplace injury in Michigan at any time in the future provided they gave notice and made an initial claim. Notice is a simple as telling a manager or supervisor about a workplace injury. Claim can also be done orally and just requires asking for medical treatment or wage loss benefits.
There is a 1 and 2 year back rule that limits how much medical and wage loss can be sought for past benefits. Remember, in Michigan there is no time limit to file a workers’ comp claim if you give your employer notice of injury within 90 days and you make your claim within 2 years of the accident but what a person can collect in past due benefits is limited. For example, a person who waits 5 years to seek reimbursement for medical bills might be limited to only 2 years back. However, all future medical treatment should be covered.
Watch out for employers who try to game the system by putting artificial time limits on workers’ comp claims. For example, an employee does not have to report an injury before end of shift to qualify. This is a made up rule that some employers use to unfairly deny people benefits.
Late reporting is a red flag for many insurance companies and will often be used to justify a dispute. We recommend that an employee immediately inform his or her employer should a workplace accident happen. It is a good idea to fill out an accident report. It is also a good idea to get checked out by a medical professional and make sure to mention getting hurt at work. This medical evidence will serve as de facto proof of claim.
Injured while on-the-job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and have questions about filing a workers’ comp claim or any other questions about your workplace accident, call 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 workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work 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.
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.