A work-related injury can leave you with urgent questions: Who pays for my medical treatment? Will I continue receiving wages? Do I need a workers’ compensation lawyer? How long do I have to file a claim?
The system is designed to provide benefits to injured workers, but the process isn’t always straightforward. Delays, denials, and disputes are common.
Below are answers to frequently asked questions about workers’ compensation in Michigan.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault insurance system that provides benefits to employees who are injured or become ill because of their job. The system is governed by the Michigan Workers’ Disability Compensation Act. In exchange for receiving benefits, employees generally can’t sue their employer for negligence. These benefits include:
- Medical treatment related to the work injury
- Wage-loss benefits
- Vocational rehabilitation services
- Specific loss benefits for permanent injuries
In Michigan, almost all employers are required to carry workers’ compensation insurance that covers injuries from accidents, repetitive stress, occupational diseases, and exposure to harmful substances.
What Should I Do Immediately After a Work Injury?
If you’re injured on the job in Detroit or anywhere else in Michigan, take the following steps:
- Report the injury to your employer as soon as possible.
- Seek medical attention immediately.
- Document how the injury occurred.
- Follow all medical advice and treatment plans.
Michigan law requires employees to notify their employer within 90 days of the injury. However, it’s always best to report it immediately to avoid disputes. Prompt reporting helps protect your right to benefits.
Who Pays for My Medical Treatment After a Work Injury?
In Michigan, workers’ compensation insurance is responsible for paying reasonable and necessary medical expenses related to your work injury. That includes:
- Emergency room visits
- Doctor appointments
- Surgery
- Hospital stays
- Prescription medications
- Physical therapy
- Mileage to and from medical appointments
Unlike traditional health insurance, there are generally no deductibles or co-pays for covered work-related treatment.
For the first 28 days after the injury, your employer has the right to direct your medical care to a specific provider. After that period, you can choose your own doctor by giving proper notice to your employer or the insurance company. Your employer has the right to dispute your choice of provider.
Will I Receive Wage-Loss Benefits If I Can’t Work?
If your injury prevents you from working, you may be entitled to wage-loss benefits. In Michigan, wage-loss benefits are calculated as a percentage of your average weekly wage, subject to state maximum limits. These benefits are meant to partially replace lost income while you recover.
To receive wage-loss benefits, you must:
- Be unable to perform your job because of a work-related injury
- Provide medical documentation supporting your disability
- Continue to comply with medical treatment recommendations
If your employer offers “light duty” work within your medical restrictions and you refuse it without justification, your wage-loss benefits could be affected.
What If My Workers’ Compensation Claim Is Denied?
Unfortunately, claim denials are common. Insurance companies might dispute your claim by questioning:
- If the injury was work-related
- If the injury occurred as reported
- If you’re medically disabled
- If ongoing treatment is necessary
If your claim is denied, you have the right to challenge that decision. In Michigan, disputes are handled through the Workers’ Disability Compensation Appeals Commission and could involve mediation or a hearing before a magistrate.
An experienced Michigan workers’ compensation attorney can gather medical evidence, represent you at hearings, and advocate for your benefits.
Do I Need a Workers’ Compensation Lawyer?
You’re not legally required to hire an attorney to file a workers’ compensation claim. However, legal representation may be beneficial if:
- Your claim has been denied
- Your benefits were reduced or terminated
- You’re being pressured to return to work too soon
- You’re facing a redemption (lump-sum settlement) offer
- Your injury is severe or permanent
Workers’ compensation laws in Michigan can be complex. Having legal guidance can help you protect your rights.
How Long Do I Have to File a Workers’ Compensation Claim in Michigan?
Under Michigan law, you have two years from the date of your injury to file a workers’ compensation claim. However, you must notify your employer of the injury within 90 days.
Delays in reporting or filing can complicate your case. Even if your injury is minor, it’s smart to report it immediately. Some injuries, particularly repetitive stress injuries or occupational illnesses, can get worse over time.
What Is a Workers’ Compensation Redemption?
A redemption is a lump-sum settlement of your workers’ compensation claim. Instead of continuing to receive weekly wage-loss benefits, you agree to resolve the case for a one-time payment. Redemptions must be approved by a workers’ compensation magistrate to ensure they’re in your best interest.
Before accepting a redemption offer, it’s important to consider:
- Whether you’ve reached maximum medical improvement
- The long-term cost of future medical treatment
- If you’ll require surgery or additional care
- How the settlement could affect Social Security Disability benefits
Once a redemption is approved, you can’t reopen your case. For that reason, careful review is critical.
What Injuries Are Covered Under Michigan Workers’ Compensation?
Workers’ compensation covers more than sudden accidents. It also applies to cumulative trauma disorders.
Some of the injuries that are covered are:
- Slip and fall injuries
- Machinery or industrial accidents
- Back and neck injuries
- Repetitive stress injuries
- Occupational illnesses
- Exposure to toxic substances
- Mental health conditions from workplace trauma
In the Detroit area, thousands of workers are employed in manufacturing, auto assembly, construction, and healthcare. Injuries in these industries can involve heavy machinery, repetitive motion, or hazardous chemicals.
Even if you believe you were partially at fault, workers’ compensation is a no-fault system. You don’t need to prove your employer did anything wrong to qualify for benefits.
Can I Be Fired for Filing a Workers’ Compensation Claim?
No. Michigan law prohibits employers from retaliating against employees for filing a workers’ compensation claim. If you think you were terminated or disciplined because you exercised your rights, you may have additional legal options. Speak with an attorney if you suspect retaliation.
It’s important to note that workers’ compensation doesn’t guarantee job protection in every situation. Employers can still make legitimate business decisions unrelated to your injury.
What Is an Independent Medical Examination?
In some Michigan workers’ compensation cases, the insurance company may require you to attend an Independent Medical Examination (IME) with a doctor of its choice.
The purpose of an IME is to evaluate:
- Whether your injury is work-related
- Whether you’re medically disabled
- Whether additional treatment is necessary
- Whether you can return to work
Although called “independent,” the doctor conducting the exam is selected and paid by the insurance company. The IME doctor’s opinion can significantly impact your benefits.
If an IME report contradicts your treating physician’s findings, your wage-loss benefits may be reduced or terminated. Legal representation can be critical in responding to an unfavorable IME report.
Can I File a Lawsuit in Addition to a Workers’ Compensation Claim?
In most cases, you can’t sue your employer for a work-related injury because workers’ compensation is considered your exclusive remedy. However, there are important exceptions.
If a third party (i.e., someone other than your employer) contributed to your injury, you might be able to pursue a separate personal injury lawsuit. Examples include:
- A subcontractor on a construction site
- A negligent driver in a work-related vehicle accident
- A manufacturer of defective equipment
- A property owner who failed to maintain safe premises
In Detroit’s construction, auto, and industrial sectors, third-party liability claims aren’t uncommon. A third-party lawsuit may allow recovery of damages not available through workers’ compensation, such as full wage loss and pain and suffering.
How Does Fieger Law Help Injured Workers in Michigan?
Workers’ compensation claims are often more complicated than they appear. Insurance companies could dispute medical findings, delay payments, or attempt to reduce benefits prematurely.
At Fieger Law, we’re proud to represent Michigan residents in contested workers’ compensation matters. We can handle claim filings, respond to IME reports, represent you in hearings, and negotiate settlements on your behalf.
Our team understands the nuances of Michigan law as it applies to workers’ compensation. We can fight to protect your right to medical care and wage-loss benefits while helping you understand every step of the process.
Contact a Michigan Workers’ Compensation Lawyer Today
If you were injured on the job in Michigan and have questions about what comes next, you don’t have to find the answers alone.
Contact Fieger Law now for a free consultation. We’ll review your case, explain your options, and help you pursue the benefits you deserve.
