Hurt at Work in Michigan? Steps to Take and How to Get Workers' Compensation

July 18, 2022

Getting hurt at work in Michigan can leave you overwhelmed, but knowing the right steps may protect your health, your job, and your right to benefits. Consulting a workers' compensation attorney in Southfield, MI early in the process can help you avoid costly mistakes. Gordon & Pont PC covers what to do after a workplace injury, how Michigan's workers' compensation system works, and when getting legal help may make a meaningful difference in your case. Southfield sits in Oakland County, where workers in healthcare, corporate offices, construction, manufacturing, and transportation all face injury risks every year.

Report the Injury and Seek Medical Care Right Away

Acting quickly after a workplace injury is critical. Michigan law requires you to notify your employer within 90 days under MCL 418.381. Waiting longer can put your entire claim at risk. Even if pain seems minor at first, report it to your supervisor or HR in writing and keep a copy for your records.

After reporting, get medical care as soon as possible. Prompt treatment creates a documented record linking your injury to the job, which may be critical if your claim is later disputed. Your employer may direct you to a specific provider for follow-up care. An experienced attorney can advise you on how to navigate employer-directed care while protecting your rights.

How Does Michigan's Workers' Compensation System Work?

Michigan workers' compensation is a no-fault insurance system that may provide benefits to employees hurt on the job. You do not need to prove your employer did something wrong. If your injury arose out of and in the course of employment, and your employer carries required coverage, you may be entitled to benefits. If you are unsure whether your situation qualifies, a workers' compensation attorney in Southfield, MI can review the details and clarify your options.


What Benefits Can I Receive After a Workplace Injury?

Michigan workers' compensation benefits can include:


▸ Temporary total disability income benefits up to 80% of your average weekly wage if you cannot work for at least seven straight days due to your injury.

▸ Temporary partial disability income benefits up to 80% of the difference between pre-injury wages and what you may earn on limited duty.

▸ Permanent partial disability benefits based on an impairment rating issued by a doctor.

▸ Medical benefits covering doctor visits, hospital stays, prescription medication, and surgeries.


Obtaining impairment ratings from more than one physician can sometimes affect the amount of permanent benefits you receive. A local attorney can help you understand how these ratings may impact your case.


How Long Do I Have to File a Workers' Comp Claim in Michigan?

Michigan law sets two deadlines. The first is the 90-day notice requirement to inform your employer of the injury. The second is a two-year statute of limitations to file a formal claim with the state. Missing either deadline can jeopardize your right to benefits. Speaking with a workers' compensation attorney in Southfield, MI as soon as possible after your injury helps ensure you meet all required deadlines.

What to Do if Your Claim Is Denied

A denied claim does not mean the process is over. Denials happen for many reasons, including disputes over whether the injury is work-related or whether proper notice was given. If your employer or insurer denies your claim or attempts to reduce your benefits, you may have the right to appeal. A workers' compensation attorney in Southfield, MI who understands how to respond to a denial can help you pursue the full benefits you may be owed.


Can I Be Fired for Filing a Workers' Compensation Claim?

Michigan law prohibits employers from retaliating against employees for filing a workers' compensation claim. Firing, demoting, or punishing a worker for exercising these rights is illegal. If you believe your employer took action against you because you filed a claim, you may have additional legal options beyond the workers' comp system. A lawyer can help you evaluate whether retaliation has occurred and what steps to take next.

Can I Sue Someone Else if I Was Hurt at Work?

Workers' compensation is generally your exclusive remedy against your employer directly. However, if a third party, such as a negligent subcontractor, an equipment manufacturer, or a driver involved in a work-related accident, contributed to your injury, you may be able to pursue a separate civil lawsuit in addition to your workers' comp claim. In the Southfield area, where workers may be on multi-employer construction sites, corporate campuses along Northwestern Highway, or in healthcare and manufacturing settings, third-party claims can sometimes arise alongside a standard workers' comp case. Legal counsel can evaluate whether a third-party claim applies to your situation. A third-party claim may allow you to recover additional damages not covered by the comp system alone.

Practical Steps to Protect Your Claim

Taking the right steps early may significantly affect your outcome:


▸ Report the injury in writing as soon as possible, noting the date, time, location, and how it occurred.

▸ Seek medical care promptly and follow all prescribed treatment plans.

▸ Keep copies of all paperwork, including accident reports, medical records, and correspondence with your employer or insurer.

▸ Avoid giving recorded statements to the insurance company before speaking with an attorney.

▸ Do not assume a denial is final without getting a legal opinion.

Get the Help You Deserve From Gordon & Pont PC

Navigating a workers' comp claim while recovering from an injury is difficult and stressful. Gordon & Pont PC has been serving injured workers in Southfield, MI, and throughout Michigan since 1958, successfully litigating thousands of workers' compensation cases. As a trusted workers' compensation attorney in Southfield, MI, the firm may help you understand your rights, respond to a denial, and pursue the benefits you are owed. Calls are answered 24/7, and there is no fee until the firm wins.

Contact the firm today to request a free consultation at Contact Our Law Firm or visit the Workers' Compensation Legal Help page to learn more. Call 248-395-4100 or toll-free at 1-800-LAW-MICH.

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