Workers’ Compensation Act

THE MICHIGAN WORKERS’ COMPENSATION ACT- This Act replaces the civil “tort” suit for personal injury, with some exceptions, for injuries or conditions arising out of the course and scope of employment.    The workers’ compensation act is sometimes referred to as a “No-Fault” act because neither the employer nor the employee has to be at fault.

What to do if you are injured at work

1.	Immediately notify your supervisor.
2.	Note the names, addresses and phone numbers of witnesses.
3.	Expect to see a company doctor for the first 10 days following the injury, unless referred by the company doctor to a specialist or other appropriate facility.
4.	Don't give a written or recorded statement to anyone.
5.	Fill out an accident report and keep a copy.
6.	Make copies of everything you give your employer including off work slips and medical records.

Medical Treatment

Your Employer has the right to send you to the company physician for the first 10 days of your injury.  After that you may seek reasonable and necessary treatment from a physician of your choosing.

Benefits

1.	Expect to be contacted by your employers insurance company.
2.	You should receive your first check as of the 14th day after the  date your employer had notice of your  injury unless your receive  a denial form from your employers insurance company.
3.	Your wage benefits will be 80% of the after tax value of your gross average weekly wage.
4.	Your reasonable and medical treatment will be paid at 100% or at least with no payment from yourself including your prescriptions.
5.	You are entitled to mileage reimbursement for traveling to and from any related medical treatment.
6.	You must be off work 7 consecutive days before the first 14 consecutive days are owed.   In other words Michigan has a 7 days waiting period, not paid for unless you are off work 14 consecutive days.   If you are off work for 10 consecutive days you are owed 3 days of workers’ compensation pay.   The 7 day waiting period must be satisfied only once.
7.	If you are unable to return to your former employer due to your work injury, your employer must pay for your rehabilitation costs.

Time frame for reporting your injury

Report your injury as soon as possible. The statute states that you have 90 days to report the accident to a supervisor or management personnel. This reporting can be either written or oral and must include the date and the place of the accident.  However, if later than 90 days you may still report the injury and still be entitled to recover provided your employer cannot prove that they were prejudiced by the late reporting.  The Act also provides that….” a claim shall not be valid or effectual unless made within 2 years after the later of the date of injury, the date disability manifests itself, or the last day of employment with the employer against whom claim is being made.” Workers’ Compensation Act, Chapter 3 - 418.381(1)

Advise your co-workers about your injury to protect yourself in the event that your employer takes the position that no accident occurred. Likewise, keep a list of witnesses for future reference.

If you have a repetitive injury or occupational illness that isn't necessarily related to one specific instance, make sure you report the injury or illness when you are first diagnosed by a doctor.

Third Party Liability

In addition to your worker's compensation case, you may also a third party case. Essentially, this is a claim against another party other than your employer. Unlike your worker's compensation case, this claim requires you to prove negligence. Recalling the names of all companies or contractors present at the job site at the time of your injuries is invaluable as is the names of any witnesses regardless of who they work for.

Third party suits are typically against another contractor on the job site or the manufacturer of a product used at work. This is a civil lawsuit, usually in front of a jury. In these cases, you must prove that the defendant was at fault for causing the injuries. If you're successful in proving fault, you may be entitled to a broader array of damages. 

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