Workers’ Comp Claim Process In Michigan Explained

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Workers’ Comp Claim Process In Michigan Explained

Michigan lawyer explains the workers’ comp claim process and how to ensure all medical and wage loss benefits are paid.

Our job as lawyers is to make sure disabled employees receive the correct medical and wage loss benefits. This can be difficult when employers and insurance companies unfairly dispute claims. Individuals who find their benefits denied should challenge this decision in court. Here is a quick overview of the workers’ comp claim process and what can be expected at each step.

Step 1. Notice

Employees hurt on-the-job must give notice to their employer within 90 days. 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 workers’ comp claim process. Never wait overnight or until the following shift to give notice as this is a red flag that employers use to dispute claims.

Step 2. Make A Claim

Employees who want to see a doctor or get paid time off must make a claim within 2 years. 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 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. Medical Treatment

Employees who give notice and make 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. Expect to be seen a 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 Wage Loss Benefits

Employees who are off for a minimum of 7 days can get wage loss benefits. The amount paid should equal 80% of their after-tax average weekly wage. This calculation includes overtime, discontinued fringe benefits, and even second jobs. Statistics from the Workers’ Disability Compensation Agency show it takes an average of 19 days from entitlement to payment.

Step 5. 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 workers’ comp claim process because time is of the essence. 1 and 2 year back rules limit the potential recovery for people who wait to challenge a dispute. It is important to speak with an experienced lawyer immediately.

Step 6. Negotiate Settlement

Many of our clients eventually want to settle 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 workers’ comp claim process without getting a free consultation from an experienced lawyer. Insurance companies take advantage of people who are not represented.

Our law firm 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:

Employer Refuses To File A Claim In Michigan, Now What?

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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.