Workers' Compensation in Michigan
Workers' compensation in Michigan (referred to also as workers' comp, workman's comp, and work compensation) gives employees who were injured or became ill as a result of their work money to make up for lost wages, and medical care. Employers must carry workers' comp insurance for employees who work 35 or more hours a week. However, employers need not provide workmans' compensation to independent contractors. Employers must file all work related accident claims with the Michigan Workers' Compensation Agency after they are informed of their employees' injuries.
There are some workers' compensation cases that require an injured or a sick employee to have legal representation. You should hire a Michigan workers' comp attorney if your claim is disputed, your boss is uninsured, underinsured, or uncooperative, or your injury appears to be serious or potentially permanent. In addition, if there is a third party involved in your claim or if your injury is the result of a defective product (and the manufacturer may be responsible), a lawyer can be useful. Generally, a Michigan work compensation lawyer is recommended in case you have questions or anxieties about your claim.
Illnesses and Injuries Covered Under Michigan Workers' Compensation Law
Accidental Physical Injuries
- Accidental injuries that occur at the workplace are covered under Michigan Workers' Compensation Law. These injuries include, but are not limited to injuries resulting from a slip, fall, or trip.
- Self-inflicted injuries and injuries that occur at work when the worker is intoxicated or under the use of drugs, will not be covered by workers' compensation.
- Exposure to toxic chemicals, asbestosis, and loud noises that cause hearing loss over a lengthy period of time are covered under workmans' comp. Injuries such as carpel tunnel syndrome, tennis elbow, and a hernia may also be covered.
- Death benefits are payable to an injured or sick worker's dependents if the injury that causes the death occurred on the job.
The Michigan Worker's Comp Claims Process
- Notify Your Boss
- Immediately tell your supervisor about your injury; but, in no event more than 90 days after the injury. Failing to tell your employer about your injury may either delay benefits or result in your not receiving workman's compensation benefits.
- Get Medical Help Promptly
- File a claim with the Michigan Workers' Compensation Agency: After you report your injury to your employer, your employer must file an Employer's Basic Report of Injury, Form WC-100 with the Michigan Workers' Compensation Agency within seven days of the injury being reported to the employer. File a claim with the Commission within 60 days of the accident causing the injury. The statute of limitations for a work compensation claim in Michigan is two years. Filing after this period bars recovery and means that you will not be eligible for medical benefits, permanent disability compensation, and/or lost wages reimbursement.
- Consult a Michigan Workers' Compensation Attorney if your claim is denied, contested, or if you need extra help.
Benefits Received in Michigan Under the Workers' Compensation Program
Speak to a workman's comp lawyer about the following benefits that you may be eligible to receive in Michigan:
- Medical Treatment: Compensation for medical treatment, including, but not limited to doctors' bills, hospital visits, and other treatment connected to your workplace injury is to be paid straight to the healthcare providers.
- Wage Reimbursement: Reimbursement of the employee for time spent in medical examinations, traveling to and from doctor and hospital visits, and in hearings at the Workers' Compensation Agency is one of the benefits of Michigan work compensation.
- Funeral: Maximum of $6,000, or your actual costs if they are less than $6,000.
- Death: A worker who dies from a job-related illness or injury can count on the payment of death benefits to his or her dependents. The amount of the benefits depends on whether the dependency on the dead worker is partial or total.
- Vocational Rehabilitation: An injured or sick employee who cannot go back to his pre-injury job may be required by his employer to participate in vocational rehabilitation for up to 104 weeks. During this time, the employee will receive lost wages and travel expenses.
- Potential Income Benefits in Michigan:
- Temporary Total Disability Benefits (TTD for short): Payable to the worker when he is injured and completely unable to work.
- Amount: Eighty percent of the employee's spendable earnings. There is no minimum payment per week, but the maximum payment per week is $746. The payments may last as long as the duration of the disability.
- Temporary Partial Disability Benefits (or PTD for short): Money payable to a worker who was injured or became ill because of his job and is medically restricted from doing his old job, but can still do other kinds of work.
- Amount: Eighty percent of the worker's disposable earnings. The minimum weekly payment is $207.18 and the maximum is $746.
- Permanent Total Disability Benefits (PTD for short): The job-related disease or injury is serious and means that the worker is completely unable to do any work at all.
- Amount: Eighty percent of the employee's disposable earnings.
- Permanent Partial Disability Benefits (PPD for short): When the injured employee has medically improved as much as possible, but will always be affected by the disease or injury.
- Amount: The same as for PTD. But, the payments are subject to reduction.
Why Hire A Michigan Workers' Comp Lawyer?
Workman's comp claims can have a significant impact on your life. Because of this potential impact, it is recommended that you get a workers' compensation lawyer. Michigan workers' comp lawyers are knowledgeable about Michigan work compensation procedures and practices, can argue your case effectively, and can help you map out a strategy for your claim, file your paperwork at the appropriate time, and consider your options and alternatives. Hiring a Michigan workers comp attorney is the best way to protect your rights and make sure you understand all the issues involved.
Michigan Workers' Disability Compensation Act
- Employers Subject To Workers' Compensation
- Workers' Compensation, Act 317 § 418.115.
- Covered Employees
- Workers' Compensation, Act 317 § 418.161.
- Workers' Compensation, Act 317 § 418.301.
- Claims Procedure
- Workers' Compensation, Act 317 §§ 418.801-418.899.