Michigan Workers' Compensation: Deadlines, Benefits and How to File
Michigan workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Michigan
- Deadline to report the injury
- The worker must give notice of the injury to the employer within 90 days after the injury happens, or within 90 days after the worker knew or should have known of the injury. MCL 418.381(1)
- Deadline to file a claim
- A claim (oral or written) must be made to the employer, or a written claim filed with the agency, within 2 years after the injury (or within 2 years after death). MCL 418.381
- Weekly benefit rate
- For total disability with wage loss, weekly benefits are 80% of the worker's after-tax average weekly wage, up to the state maximum, for as long as the disability lasts. MCL 418.301(7)-(8), 418.351, 418.801
- Maximum weekly benefit
- For injuries in 2026, the maximum weekly benefit is $1,201.00 (90% of the 2026 state average weekly wage of $1,333.88). For 2025 injuries it was $1,164.00. MCL 418.355; Workers' Disability Compensation Agency, State Average Weekly Wage Chart
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | The workers' compensation law covers all public employers, and private employers that regularly employ 3 or more employees at one time, or fewer than 3 if at least one has worked 35 or more hours a week for 13 weeks or longer in the past 52 weeks. Agricultural employers are covered only if they have 3 or more regular hourly or salaried (not piecework) employees working 35 or more hours a week for 13 or more consecutive weeks; agricultural employers with 1 or more employees working 35+ hours a week for 5 or more consecutive weeks must provide medical coverage for work injuries. A private employer is not liable for a household domestic worker who works less than 35 hours a week for 13 weeks or longer in the past 52 weeks, and family members living in the home are not counted as employees. Source: MCL 418.115, 418.118 |
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| Deadline to report the injury | The worker must give notice of the injury to the employer within 90 days after the injury happens, or within 90 days after the worker knew or should have known of the injury. Failure to give notice is excused unless the employer proves it was harmed by the lack of notice. The state agency advises reporting the injury to your employer immediately. Agency guidance: https://www.michigan.gov/leo/bureaus-agencies/wdca/employees-information Source: MCL 418.381(1) |
| Deadline to file a claim | A claim (oral or written) must be made to the employer, or a written claim filed with the agency, within 2 years after the injury (or within 2 years after death). A claim is valid only if made within 2 years after the later of the date of injury, the date the disability shows itself, or the last day of work for that employer. The deadline is extended while the worker receives benefits or is given favored work because of the disability, and while the worker is physically or mentally unable to make a claim. Weekly benefits generally cannot be paid for any period more than 2 years before the worker files an application for a hearing. Source: MCL 418.381 |
| Waiting period | No wage benefits are paid unless the injury keeps the worker from earning full wages for at least 1 week. If the incapacity lasts more than 1 week, benefits begin on the eighth day after the injury. If the incapacity lasts 2 weeks or longer (or the injury causes death), benefits are paid back to the date of injury. Source: MCL 418.311 |
Benefits
| Weekly benefit rate | For total disability with wage loss, weekly benefits are 80% of the worker's after-tax average weekly wage, up to the state maximum, for as long as the disability lasts. For partial disability, benefits are 80% of the difference between the after-tax average weekly wage before the injury and the worker's wage earning capacity after the injury, up to the maximum. Benefits are first due on the 14th day after the employer has notice or knowledge of the disability, then weekly. |
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| Maximum weekly benefit | For injuries in 2026, the maximum weekly benefit is $1,201.00 (90% of the 2026 state average weekly wage of $1,333.88). For 2025 injuries it was $1,164.00. The agency's chart also lists 2026 minimums of $666.94 (50% of the state average weekly wage) for death cases and $333.47 (25%) for specific-loss and total-and-permanent cases. The maximum is reset each January 1. |
| How long benefits last | Weekly benefits for total disability are paid for the duration of the disability, with no fixed week limit. Certain severe injuries listed in the law create a conclusive presumption of total and permanent disability for up to 800 weeks from the date of injury; after that, permanent and total disability is decided on the facts at that time. Specific losses of body parts are compensated for a set number of weeks from a schedule (for example, 215 weeks for a hand and 269 weeks for an arm). Specific-loss schedule: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-418-361 Source: MCL 418.351; MCL 418.361 |
| Permanent disability | Michigan pays scheduled "specific loss" benefits for losing a body part or its use, paid weekly at 80% of after-tax average weekly wage for a set number of weeks (for example, hand 215 weeks, arm 269 weeks, foot 162 weeks, leg 215 weeks, eye 162 weeks; 80% loss of vision in one eye counts as total loss of that eye). Certain severe losses, such as loss of both eyes, both legs, both arms, or any two of these, or permanent paralysis of two limbs, are treated as total and permanent disability, paid at 80% of after-tax average weekly wage for the duration of the disability; the conclusive presumption of total and permanent disability lasts up to 800 weeks from the injury. Source: MCL 418.351, 418.361 |
| Death benefits | If a work injury causes death, wholly dependent survivors receive weekly benefits of 80% of the worker's after-tax average weekly wage, subject to the minimum and maximum rates, for 500 weeks from the date of death; a magistrate may order payments to continue for a dependent under age 21 until age 21. Partial dependents receive a proportional amount. The employer must also pay reasonable expenses of the last illness, funeral and burial, with funeral and burial costs capped at $6,000 or the actual cost, whichever is less. Source: MCL 418.321, 418.345 |
Doctors, filing, settlements and appeals
| Choosing a doctor | The employer must provide reasonable medical, surgical and hospital care. During the first 28 days of medical care, the employer may choose the doctor. After 28 days, the worker may treat with a physician of his or her own choice by giving the employer the doctor's name and the intent to treat with that doctor. The employer or insurer may file a petition objecting, and a workers' compensation magistrate may order the worker to stop treating with that doctor if cause is shown after a hearing. Agency guidance (employees' information page) suggests notifying the employer and insurance company of a change in writing. Source: MCL 418.315(1) |
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| How to file | Report the injury to your employer. If your employer will not report the claim for you, you can file Form WC-117 (Employee's Report of Claim) with the Workers' Disability Compensation Agency. If the insurer or self-insured employer disputes your claim, you can file Form WC-104A (Application for Mediation or Hearing); applications may be submitted electronically. The case is then set for mediation or a hearing before a workers' compensation magistrate. |
| Settlements | Yes. Liability for a claim can be redeemed (settled) in whole or in part by a lump-sum payment, subject to approval by a workers' compensation magistrate, after 6 months have passed since the injury. A magistrate may also order a lump sum at any time if special circumstances require it. Filing a proposed redemption agreement is not an admission of liability. The insurance carrier must give the employer written notice at least 10 business days before the hearing on a redemption agreement. Source: MCL 418.835 |
| Appealing a denial | A disputed claim is heard by a workers' compensation magistrate, who issues a written order and opinion. A party may seek review by filing a claim for review with the appellate commission (the Workers' Disability Compensation Appeals Commission, formerly the Michigan Compensation Appellate Commission) within 30 days after the magistrate's order is sent; otherwise the order becomes final. The commission accepts the magistrate's findings of fact if supported by substantial evidence. The Michigan Court of Appeals and Supreme Court may review questions of law if an application is made within 30 days after the commission's final order. |
| Deadline to challenge a denial | A party may ask the Michigan Compensation Appellate Commission to review a workers' compensation magistrate's or director's order by filing a claim for review no more than 30 days after the order is sent to the parties; the commission may allow more time for sufficient cause. Read on legislature.mi.gov on 2026-10-28. Source: MCL 418.859a(1) |
| Retaliation for filing | No one may fire or in any way discriminate against an employee because the employee filed a complaint, started a proceeding, or exercised a right under the workers' compensation act, for himself or herself or for others. Source: MCL 418.301(13) |
| Lawyer fees in comp cases | Attorney fees in Michigan workers' compensation cases must be approved by a workers' compensation magistrate; disputed fees can be taken to a hearing and reviewed. The agency director may set maximum attorney fees by rule, and the maximums cannot be based on a weekly benefit (after coordination) higher than two-thirds of the state average weekly wage at the time of injury. For claims filed after March 31, 1986, fees follow a contingency fee schedule; if that schedule produces less than $500, the claimant may agree in writing to pay up to $500 total. Fees above the rule-based amount require a special order of the director. Source: MCL 418.858 |
Lawsuits and uninsured employers
| Suing your employer | Workers' comp benefits are the employee's exclusive remedy against the employer for a personal injury or occupational disease. The only exception is an intentional tort: the employer deliberately acted and specifically intended an injury, or had actual knowledge an injury was certain to occur and willfully disregarded it. Whether there was an intentional tort is decided by the court. Read on legislature.mi.gov on 2026-10-28. Source: MCL 418.131(1) |
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| Suing someone other than your employer | Accepting workers' comp does not stop an injured worker from also suing a third party (anyone other than the employer or a co-worker) who is legally liable. If the worker does not sue within 1 year after the injury, the employer or insurer may sue that person in the worker's name. At least 30 days before any party files such a suit, it must notify the bureau, the worker (or dependents), the employer and the insurer by certified mail. Read on legislature.mi.gov on 2026-10-28. Source: MCL 418.827(1) |
| If your employer has no workers' comp | An employer that fails to carry required coverage commits a misdemeanor (a fine of up to $1,000, up to 6 months in jail, or both, with each day a separate offense). An injured employee of such an employer may sue the employer for damages in a civil action despite the exclusive-remedy rule, and the state may recover benefit costs from the uninsured employer, with corporate officers and directors personally liable for unpaid amounts. Read on legislature.mi.gov on 2026-10-28. Source: MCL 418.641(1)-(3) |
Where to get help in Michigan
Workers' Compensation FAQ
Which employers must have workers' comp in Michigan?
The workers' compensation law covers all public employers, and private employers that regularly employ 3 or more employees at one time, or fewer than 3 if at least one has worked 35 or more hours a week for 13 weeks or longer in the past 52 weeks. Agricultural employers are covered only if they have 3 or more regular hourly or salaried (not piecework) employees working 35 or more hours a week for 13 or more consecutive weeks; agricultural employers with 1 or more employees working 35+ hours a week for 5 or more consecutive weeks must provide medical coverage for work injuries. A private employer is not liable for a household domestic worker who works less than 35 hours a week for 13 weeks or longer in the past 52 weeks, and family members living in the home are not counted as employees.
How long do you have to report a work injury in Michigan?
The worker must give notice of the injury to the employer within 90 days after the injury happens, or within 90 days after the worker knew or should have known of the injury. Failure to give notice is excused unless the employer proves it was harmed by the lack of notice. The state agency advises reporting the injury to your employer immediately.
What is the deadline to file a workers' comp claim in Michigan?
A claim (oral or written) must be made to the employer, or a written claim filed with the agency, within 2 years after the injury (or within 2 years after death). A claim is valid only if made within 2 years after the later of the date of injury, the date the disability shows itself, or the last day of work for that employer. The deadline is extended while the worker receives benefits or is given favored work because of the disability, and while the worker is physically or mentally unable to make a claim. Weekly benefits generally cannot be paid for any period more than 2 years before the worker files an application for a hearing.
Is there a waiting period for workers' comp in Michigan?
No wage benefits are paid unless the injury keeps the worker from earning full wages for at least 1 week. If the incapacity lasts more than 1 week, benefits begin on the eighth day after the injury. If the incapacity lasts 2 weeks or longer (or the injury causes death), benefits are paid back to the date of injury.
How much does workers' comp pay in Michigan?
For total disability with wage loss, weekly benefits are 80% of the worker's after-tax average weekly wage, up to the state maximum, for as long as the disability lasts. For partial disability, benefits are 80% of the difference between the after-tax average weekly wage before the injury and the worker's wage earning capacity after the injury, up to the maximum. Benefits are first due on the 14th day after the employer has notice or knowledge of the disability, then weekly.
What is the maximum workers' comp benefit in Michigan?
For injuries in 2026, the maximum weekly benefit is $1,201.00 (90% of the 2026 state average weekly wage of $1,333.88). For 2025 injuries it was $1,164.00. The agency's chart also lists 2026 minimums of $666.94 (50% of the state average weekly wage) for death cases and $333.47 (25%) for specific-loss and total-and-permanent cases. The maximum is reset each January 1.
Can you choose your own doctor for workers' comp in Michigan?
The employer must provide reasonable medical, surgical and hospital care. During the first 28 days of medical care, the employer may choose the doctor. After 28 days, the worker may treat with a physician of his or her own choice by giving the employer the doctor's name and the intent to treat with that doctor. The employer or insurer may file a petition objecting, and a workers' compensation magistrate may order the worker to stop treating with that doctor if cause is shown after a hearing.
How does permanent disability work under workers' comp in Michigan?
Michigan pays scheduled "specific loss" benefits for losing a body part or its use, paid weekly at 80% of after-tax average weekly wage for a set number of weeks (for example, hand 215 weeks, arm 269 weeks, foot 162 weeks, leg 215 weeks, eye 162 weeks; 80% loss of vision in one eye counts as total loss of that eye). Certain severe losses, such as loss of both eyes, both legs, both arms, or any two of these, or permanent paralysis of two limbs, are treated as total and permanent disability, paid at 80% of after-tax average weekly wage for the duration of the disability; the conclusive presumption of total and permanent disability lasts up to 800 weeks from the injury.
What workers' comp death benefits are available in Michigan?
If a work injury causes death, wholly dependent survivors receive weekly benefits of 80% of the worker's after-tax average weekly wage, subject to the minimum and maximum rates, for 500 weeks from the date of death; a magistrate may order payments to continue for a dependent under age 21 until age 21. Partial dependents receive a proportional amount. The employer must also pay reasonable expenses of the last illness, funeral and burial, with funeral and burial costs capped at $6,000 or the actual cost, whichever is less.
How do you file a workers' comp claim in Michigan?
Report the injury to your employer. If your employer will not report the claim for you, you can file Form WC-117 (Employee's Report of Claim) with the Workers' Disability Compensation Agency. If the insurer or self-insured employer disputes your claim, you can file Form WC-104A (Application for Mediation or Hearing); applications may be submitted electronically. The case is then set for mediation or a hearing before a workers' compensation magistrate.
How do you appeal a denied workers' comp claim in Michigan?
A disputed claim is heard by a workers' compensation magistrate, who issues a written order and opinion. A party may seek review by filing a claim for review with the appellate commission (the Workers' Disability Compensation Appeals Commission, formerly the Michigan Compensation Appellate Commission) within 30 days after the magistrate's order is sent; otherwise the order becomes final. The commission accepts the magistrate's findings of fact if supported by substantial evidence. The Michigan Court of Appeals and Supreme Court may review questions of law if an application is made within 30 days after the commission's final order.
Can you be fired for filing workers' comp in Michigan?
No one may fire or in any way discriminate against an employee because the employee filed a complaint, started a proceeding, or exercised a right under the workers' compensation act, for himself or herself or for others.
How long can you receive workers' comp in Michigan?
Weekly benefits for total disability are paid for the duration of the disability, with no fixed week limit. Certain severe injuries listed in the law create a conclusive presumption of total and permanent disability for up to 800 weeks from the date of injury; after that, permanent and total disability is decided on the facts at that time. Specific losses of body parts are compensated for a set number of weeks from a schedule (for example, 215 weeks for a hand and 269 weeks for an arm).
How do workers' comp settlements work in Michigan?
Yes. Liability for a claim can be redeemed (settled) in whole or in part by a lump-sum payment, subject to approval by a workers' compensation magistrate, after 6 months have passed since the injury. A magistrate may also order a lump sum at any time if special circumstances require it. Filing a proposed redemption agreement is not an admission of liability. The insurance carrier must give the employer written notice at least 10 business days before the hearing on a redemption agreement.
How much can a workers' comp lawyer charge in Michigan?
Attorney fees in Michigan workers' compensation cases must be approved by a workers' compensation magistrate; disputed fees can be taken to a hearing and reviewed. The agency director may set maximum attorney fees by rule, and the maximums cannot be based on a weekly benefit (after coordination) higher than two-thirds of the state average weekly wage at the time of injury. For claims filed after March 31, 1986, fees follow a contingency fee schedule; if that schedule produces less than $500, the claimant may agree in writing to pay up to $500 total. Fees above the rule-based amount require a special order of the director.
Can you sue your employer for a work injury in Michigan?
Workers' comp benefits are the employee's exclusive remedy against the employer for a personal injury or occupational disease. The only exception is an intentional tort: the employer deliberately acted and specifically intended an injury, or had actual knowledge an injury was certain to occur and willfully disregarded it. Whether there was an intentional tort is decided by the court.
Can you sue a third party for a work injury in Michigan?
Accepting workers' comp does not stop an injured worker from also suing a third party (anyone other than the employer or a co-worker) who is legally liable. If the worker does not sue within 1 year after the injury, the employer or insurer may sue that person in the worker's name. At least 30 days before any party files such a suit, it must notify the bureau, the worker (or dependents), the employer and the insurer by certified mail.
What if my employer doesn't have workers' comp insurance in Michigan?
An employer that fails to carry required coverage commits a misdemeanor (a fine of up to $1,000, up to 6 months in jail, or both, with each day a separate offense). An injured employee of such an employer may sue the employer for damages in a civil action despite the exclusive-remedy rule, and the state may recover benefit costs from the uninsured employer, with corporate officers and directors personally liable for unpaid amounts.
How long do you have to appeal a denied workers' comp claim in Michigan?
A party may ask the Michigan Compensation Appellate Commission to review a workers' compensation magistrate's or director's order by filing a claim for review no more than 30 days after the order is sent to the parties; the commission may allow more time for sufficient cause.
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