Workers' comp deadlines in Michigan: tell your employer and file

Tell your employer in Michigan

Time limit

90 days

Counted from

The date of the injury, or the date you knew or should have known of the injury

In writing?

The law does not require writing

If you are late

Late notice is excused unless your employer can prove it was harmed by the delay.

Source: prejudiced

Illness that develops over time

If the problem builds up over time from exposures or repeated events, report it as soon as you are aware of the problem and that it might be caused by your job. For a disease or an injury not caused by a single event, the date of injury is the last day you worked in the job that exposed you to the conditions that caused the disability.

Report any injury at work to your supervisor or the person your company designates right away, however minor. The law says you must give your employer notice of the injury within 90 days after it happens, or within 90 days after you knew or should have known of it. Notice can be oral or written.

Law: MCL 418.381(1), 418.301(1)

Source: michigan.gov

File your claim in Michigan

Time limit

2 years

Counted from

The later of the date of injury, the date the disability shows itself, or your last day of work for that employer (extended while you receive benefits or favored work because of the injury)

What to file

A claim made to your employer (oral or written), or a written claim to the WDCA such as the Employee's Report of Claim (WC-117). To get past-due benefits decided, file an Application for Mediation or Hearing (WC-104A) with the WDCA.

Claim form

Employee's Report of Claim

Who files it

You report the injury to your employer. If it looks like the disability will last more than one week, your employer files the Employer's Basic Report of Injury (WC-100) with the Agency and tells its insurer. If your employer will not report the claim for you, you can file the WC-117 yourself with the Agency, which then notifies your employer and its insurer.

What your employer must do

Your employer must provide reasonable medical care from the day of injury, file the Employer's Basic Report of Injury (WC-100) when the disability is expected to last more than a week, and notify its insurance carrier. An employer that knows of a disability and fails to notify its carrier can owe the late-payment penalty.

When the insurer decides

Weekly benefits become due on the 14th day after your employer has notice or knowledge of the disability, and then are paid weekly. A payment is not considered late until 30 days after it is due; if there is no ongoing dispute, $50 a day is added after that, up to $1,500.

Illness that develops over time

For a disease or gradual injury, the 2 years run from the later of the date of injury (the last day of exposure at that job), the date the disability shows itself, or the last day of work for that employer.

You must make a claim within 2 years. The claim can be made to your employer orally or in writing, or in writing to the Agency. Separately, benefits cannot be paid for any period more than 2 years before the date you file an Application for Mediation or Hearing, so filing late can cost you past benefits.

Law: MCL 418.381(1)-(2)

Law: MCL 418.801(1)-(2), (5)

Source: michigan.gov

Waiting period and first payment in Michigan

Waiting period

No wage loss benefits are paid for an injury that does not keep you from earning full wages for at least 1 week. If your wage loss lasts longer than 7 consecutive days (including weekends and holidays), benefits start on the eighth day.

Paid back for the waiting days

If your wage loss continues for 2 weeks (14 days) or longer, you are also paid for the first week.

First payment

The first payment is due on the 14th day after your employer has notice or knowledge of the disability, and then weekly. A check is not considered late until 30 days after its due date; after that, if there is no ongoing dispute, $50 a day is added, up to $1,500.

How often you are paid

Weekly

Law: MCL 418.311, 418.801

Source: michigan.gov

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