Filing a Workers' Comp Claim 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.

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.

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.

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.