Free Michigan Workers' Compensation FAQs | Free Michigan Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

In Michigan, if your employer has three or more employees at any time or they employ one or more workers for 35 or more hours a week for 13 or more weeks, they are subject to Michigan workers` compensation law. Most employers in Michigan are covered by workers` compensation laws and this includes both public and private employers.

For a sole proprietor that is you the only employee, workers` compensation is not applicable. The employees of partnerships and corporations are covered, and the law provides that, under certain circumstances, named partners and officers who are also shareholders of small, closely held corporations may exempt themselves from the act.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

Details of workrelated accidents or disease should be reported as soon as possible to your employer, supervisors or other persons in charge. The Michigan Workers` Compensation Act does not state that an action must be commenced within any specified period of time. It does, however, limit the time allowed for giving notice and making a claim but as long as the proper notice is given and the proper claim is made, an injured worker can claim benefits. Notice of an accident must be given within 30 days of an occupational disease or accident, and this begins to run when the employee knows or should know that the injury or disability occurred.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

Ten days after beginning medical care provided by an employer, you may elect to see a doctor of your choice. If you do, you must give your carrier notice of intent and the name of the physician.

If you receive treatment from a physician of your choice, you shall obtain and promptly furnish a report to the employer.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

In the event you return to work at a job which pays less than you were earning at the time of injury, and the reason is because you are still unable to work at your previous job, you are entitled to partial compensation benefits.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If you disagree with any decision of your employer or their carrier, you may file an application for hearing.

Certain types of contested cases are entitled to mediation:

If your claim concerns a definite period of time and you have returned to work.
If the claim is for medical benefits only.
If you are not represented by an attorney.
If the bureau determines that your claim may be settled by mediation.

If your claim is not resolved by mediation and the disputed amount is $2,000 or less, your case may be heard in the Small Claims Division. If the amount is more than $2,000, your case will be heard before a magistrate.

You are entitled to a hearing before an arbitrator if both you and your employer or carrier agree and request such hearing in writing.

For more information contact the Bureau of Workers` Disability Compensation at the address or number listed below.

Michigan Dept. of Consumer & Industry Services
Bureau of Workers` Disability Compensation
7150 Harris Drive
PO Box 30016
Lansing, Michigan 48909
18883965041

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You are entitled to reasonable medical care for workrelated injuries or diseases. This includes medical, surgical, nursing and hospital services, and, under certain conditions, dental care, crutches and such artificial appliances as limbs, eyes, teeth, eyeglasses and hearing aids.

You are entitled to weekly compensation benefits, which may be claimed as long as a disability and wage loss continue. Specific amounts and calculations depend on the date and type of your injury.

If you are unable to perform work for which you had previous training or experience, you are entitled to vocational rehabilitation which includes counseling, guidance, specialized job placement or shortterm retraining.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

Unless an injured worker is out of work for at least one week, the worker will not receive any benefits. When the disability lasts beyond one week, the injured worker is entitled to benefits beginning the eighth day after the injury. When the disability continues for two weeks or longer, then the worker is entitled to be paid for the first seven days of disability. An injured worker is entitled to receive these benefits when the medical evidence shows that the disability continues for the time benefits are collected. Benefits will continue as long as the worker remains disabled. The worker`s benefit rate has to be determined using the worker`s average weekly wage, the tax filing status, and the number of dependants. These calculations are then used with the tables published by the bureau to help determine the worker`s benefit rate. Payment is usually approximately 2/3 of the average weekly wages.

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