Getting Workers Comp in Michigan: Workers’ Compensation Benefits Guide

Hurt in the Great Lakes State while doing your job? Michigan workers’ compensation law covers most employees starting on day 1 at any job, with some exceptions. This is a no-fault system, which means you are not actually suing your employer if you file a workers’ compensation claim. Instead, you are filing an application for benefits provided by your employer’s insurance company. Filing does not make you less likely to get new jobs in the future, and it’s illegal for your boss to fire you over it. If you aren’t sure what to do, we’ll explain the steps to apply and qualify for workers’ comp in Michigan below.

Getting Workers Comp in Michigan: Key Takeaways

• Any business with three or more employees in this state must have workers’ comp insurance that covers injured workers. However, some workers are automatically exempt from this insurance coverage requirement.
• You must report your work-related injury or illness to your employer before you seek medical care unless your life is in danger. That’s because your employer’s insurance company chooses which doctor you see for the first 28 days, in most cases.
• Michigan law says your first seven days of missed work after an accident are usually unpaid time off. If the doctor says you can go back to work sooner, then MI workers’ compensation benefits only cover your medical bills.
• If you fail to notify your employer within 90 days, you may lose your right to file a Michigan workers’ compensation claim. You have two years

Which MI Employees Have Workers’ Comp Insurance?

The Michigan Workers Disability Compensation Act is a state law that covers most injured workers employed in this state. It says any employer with at least one employee working more than 35 hours per week for 4+ months must have Michigan workers’ compensation insurance. However, there are some exceptions from this coverage requirement for certain types of employees, including:

• Individuals working for an agricultural employer less than 35 hours per week for 13 weeks or less
• Domestic workers employed in a private home for less than 35 hours per week for up to 13 weeks
• Family members working for a relative
• Federal employees
• Independent contractors
• Any sole proprietor, LLC partner, or corporate officer (however, any workers those individuals hire must have workers’ comp coverage)
• Any employee whose injury arises from breaking the law or is self-inflicted in nature

Steps to Apply for Workers’ Comp in Michigan

If you have a work-related injury or illness, we’ve outlined the typical steps you must follow to file a claim below. You must apply for benefits to receive them, so be sure to start this process as soon as possible after your accident:

1. If you have a life-threatening injury or illness, seek medical treatment immediately at the nearest hospital or urgent care clinic.

Be sure to tell the doctor your injury or illness is work-related, if you are conscious when you arrive.

Important: If your life is not in immediate danger, always report your work-related injury or illness to your supervisor first. Failing to do this means you may have to pay your medical bills out of your own pocket instead.

2. Notify your supervisor about the job accident that injured you, preferably in writing, and within 90 days.

Key pieces of information to include are:

• How your work-related injury happened
• Anyone who saw you get hurt, including their names and contact info
• The time, location, and date of injury, as well as what led up to your accident

Officially, you have two years from your injury accident or diagnosis date to file a claim. But if you fail to notify your employer within 90 days, you likely lose your right to draw workers’ comp in Michigan.

3. If you need ongoing medical care, you must see a doctor authorized by your employer’s insurance company.

You can choose to see any doctor you choose after you complete the first 28 days of medical care. However, you must notify your employer and their workers’ comp insurance provider in writing to make this switch.

Michigan state law gives your employer the right to disagree with your choice of doctor and dispute you changing providers.

4. If approved, there is a seven-day waiting period before you can qualify for wage-loss benefits.

In plain English, that means your first 7 days off for a work-related injury are usually unpaid. That means workers’ comp in Michigan will only pay you medical benefits to cover the cost of your care. However, on your eighth day off under a doctor’s orders, you can start collecting wage-loss benefits.

Your employer must file Form WC-100 with the Workers’ Compensation Disability Agency (WCDA) to start that process.

After the 15th missed job shift, most workers qualify to receive wage-loss benefits for that first week off under Michigan law.

Your first Michigan workers’ compensation benefits check should arrive within 30 days after you file a claim.

5. Denied benefits? You have two years to file Form 104A with the Workers’ Disability Compensation Agency to appeal.

At this point, the WDCA will try to resolve your claim dispute through mediation unless you have an attorney. If you make it this far, we strongly suggest you consult a Michigan workers’ compensation lawyer about your case.

And if you do have a lawyer, the WDCA will schedule a date on the court docket for your appeals hearing. This allows both you and your attorney to plead your case before a magistrate instead.

What Does Workers’ Comp Benefits in Michigan Cover?

There are several types of MI workers’ compensation benefits you may qualify for if the insurer approves your claim:

1. Medical benefits. These are unlimited for approved claims until you reach Maximum Medical Improvement (MMI).
2. Wage-loss benefits. These are essentially temporary disability benefits that cover part of your salary while you recover from your injury or illness.
3. Death benefits. This pays up to $6,000 for funeral and burial expenses, plus TTD cash benefits to eligible survivors. Benefit payments to eligible surviving family members can last for no more than 500 weeks.
4. Vocational rehabilitation services. These only apply to some injured workers who cannot return to their original jobs and need training to rejoin the workforce.

Medical Benefits

Workers’ comp in Michigan should cover all medical expenses related to your injury or illness, including:

• Doctor visits
• Prescription medication
• Physical therapy
• Mileage reimbursement (i.e., if you need to travel to see a specialist or receive medical care)
• Required equipment while you recover (such as crutches or a mobility scooter)
• Necessary scans and tests to track your progress (i.e., x-rays, CT scans, bloodwork, etc.)

Wage Loss Benefits (Paid Time Off)

Depending on how much time you need off and the severity and extent of your injury, you may receive:

• Temporary Total Disability (TTD) benefits. These weekly benefits equal 80% of the state Average Weekly Wage (AWW) until you can go back to work again.
• Temporary Partial Disability (TPD) benefits. Pays 80% of the difference in your pre- and post-injury wages for up to 269 weeks. If you lose all function in a specific body part, you will likely receive a TPD lump-sum settlement after reaching MMI.
• Permanent Partial Disability (PPD) benefits. These are structured like TPD benefits, paid for an additional 65 weeks (often in a lump-sum settlement).
• Permanent Total Disability (PTD) benefits. The amount for this is identical to TTD benefits, but lasts for no more than 800 weeks total. However, you may receive a reduced payment if you also get unemployment or Social Security payments (like disability or retirement benefits).

Talk to a Michigan Workers’ Compensation Attorney for Free

Insurance carriers in MI are most likely to deny claims from employees with pre-existing conditions. If you worry about filing a claim, why not consult an attorney who understand Michigan workers’ compensation law for free? This free claim review is your first step in deciding whether you need legal representation or not. And working with an attorney can help you avoid common mistakes that lead to denial of workers’ comp benefits.

An attorney can answer your questions privately and give you confidential answers that apply only to your case. Decide you don’t want to work with the attorney you spoke with, or file a claim at all? That decision is entirely up to you. You aren’t required to do anything else once your free consultation ends.

If you work with a workers’ comp lawyer in LegalASAP’s network, you pay $0 if your case is unsuccessful. And if you win, then you pay one small fee after the insurance company awards you a settlement. This amount can range from 15% to 30%, depending on the size and complexity of your case and final pay amount.

Ready to get started? Click the button below to start your free online case evaluation now and see if you may qualify: