Michigan Workers' Compensation: Fast Facts
Coverage Requirements Under Michigan State Law
Most Michigan businesses with at least three employees must provide workers' compensation insurance coverage. This rule also applies if you have one employee working more than 35 hours per week for 13+ weeks in a calendar year. However, there are some exceptions - see the list below.
Work-Related Injury or Illness Reporting Requirements
Notify your employer immediately about your work-related illness or injury, preferably in writing. You must report it before you seek treatment unless you need urgent medical care for a life-threatening injury or illness. If you fail to notify your employer within 90 days, you may lose your right to Michigan workers' comp benefits.
Where to Seek Medical Care
Michigan law says your employer has the right to direct your medical care for the first 28 days of treatment. Once that period ends, you can see any healthcare provider you choose for ongoing treatment. However, you must notify your employer and their insurer in writing before you switch to a different doctor. State law also gives your employer the right to dispute your choice of physician if you decide to change providers.
Waiting Period for Lost-Wage Benefits in Michigan
Your first 7 days off work are always unpaid unless you're out for a minimum of 15 days total. On day 16, you'll qualify for lost-wage benefits covering your first unpaid week you had to take off work. If you don't need at least a week off work to recover, then workers' compensation only pays your medical expenses. Expect your first weekly payment within 30 days after giving notice to your employer about your incident.
Michigan Workers' Compensation Statute of Limitations
You have two years from your job injury or illness diagnosis date to file your Michigan workers' compensation claim.
Michigan Weekly Compensation Rate
You can receive 80% of your after-tax average weekly wage, subject to the state's maximum and minimum benefit amounts.
How Long You Can Receive Michigan Workers' Comp Benefits
- Medical benefits: unlimited
- Death benefits: $6,000 for funeral and burial expenses plus weekly TTD payments for up to 500 weeks
- Temporary Total Disability (TTD): until you return to work or the duration of disability
- Permanent Partial Disability (PPD): 80% of the difference in after-tax weekly wages earned before and after your disability, subject to the state's maximum weekly rate for 65 weeks
- Temporary Partial Disability (TPD): duration of disability or up to 269 weeks for a specific body part loss
- Permanent Total Disability (PTD): up to 800 weeks, subject to reductions for unemployment or Social Security payments
Michigan Workers' Comp Coverage Exemptions
These employees are automatically exempt from Michigan workers' comp coverage:
- Agricultural workers employed less than 35 hours per week for 13 weeks
- Domestic workers employed less than 35 hours per week for 13 weeks
- Family members employed by a relative
- Federal employees
- Independent contractors
- Partnership and corporation officers and partners
- Self-employed sole proprietors (but any workers they employ must have coverage)
Michigan Workers' Compensation Attorney Fees
All Michigan workers' compensation attorneys work on contingency. This means you only pay your attorney if they help you win benefits. If you don't win, then you pay your workers' compensation attorney $0. Under Michigan law, you'll pay the following legal fees, depending on how your case resolves:
- 15% of any redemption settlement award up to $25,000
- 10% of your remaining redemption settlement amount that's more than $25,000
- 30% of any award you receive from a successfully appealed denied claim or a case that succeeds at trial with attorney representation
