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Workers’ Compensation

The only claim that you may have against your employer for a work injury is Worker’s Disability Compensation. You may not sue your employer for pain or suffering (unless your injury was substantially certain to occur as defined by the law) and there is no jury trial. This is the way the law has been in Michigan for over 100 years.

Workers’ Compensation is the system used to provide wage replacement, medical, and rehabilitation benefits to workers who suffer a work-related injury. Most employers in Michigan purchase an insurance policy from a private insurance company or they are authorized to be self-insured.

If you are injured on the job, report the injury to your employer immediately. Medical benefits should be provided from the day of injury. During the first 28 days of treatment, your employer has the right to choose the doctor. If you go to any other doctor you will be responsible for the cost of that treatment. After 28 days, you are free to change doctors providing that you notify your employer and insurance company, preferably in writing. You do not need authorization from the insurance company or your employer to be medically treated, as long as the treatment is reasonable and necessary, and your claim is not in dispute.

There is a seven-day waiting period to be eligible for wage-loss benefits. If your wage loss lasts longer than seven consecutive days (including weekends and holidays), you are entitled to benefits starting on the eighth day. If your wage loss continues for 14 days or longer, you are entitled to payment for that first week of disability. Weekly benefits are roughly 80 percent of your after-tax wages.

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