How To Report A Work Related Injury and Protect Legal Rights

Many of our clients never imagined they would get injured at work. When it happens, they are often overwhelmed and unsure about how to report a workplace injury in Michigan. Will their employer be upset? Could they lose their job?

To help ease your uncertainty, here is a quick overview of the process and what you should expect along the way.

Michigan’s workers’ compensation law is in place to protect employees who are injured on the job. It covers medical expenses and lost wages, regardless of who was at fault. In return, employers are shielded from civil lawsuits. Workers’ comp is a form of insurance, not a handout or a shortcut.

It’s important to know that it’s illegal for employers to retaliate or discriminate against workers for asserting their rights under the law. Be aware of any negative changes in your job—such as demotion, pay cuts, shift changes, or termination—as these may be grounds for a separate legal claim and further compensation.

How Long Do I Have To Report A Work Related Injury?

In Michigan, you have up to 90 days to report a work-related injury. Verbal notice is legally sufficient, which means simply telling your manager or supervisor that you were injured on the job meets the requirement. However, we strongly recommend that you complete an accident report to create a written record of the injury. If your employer does not provide you a form, you can create and write one yourself. Avoid waiting to report your injury, even by a single shift. Waiting to notify your employer can raise red flags and give your employer reasons to question whether the injury actually happened at work. Unfortunately, some employers assume workers are trying to use workers’ comp as a way to get paid time off. While it may feel natural to wait and see how you feel, this can hurt your claim for workers’ comp. When in doubt, report your injury immediately. It is always better to be safe than sorry.

Make A Claim For Workers’ Compensation Benefits Within Two Years

Anyone who is looking to report a work-related injury in Michigan should also understand how to properly file a workers’ compensation claim. This step is necessary to receive coverage for medical treatment and lost wages. Under Michigan law, a claim must be made within two years of the workplace injury. Simply telling a supervisor or manager that you need to see a doctor under workers’ comp is enough to meet the legal requirement. Still, it is best to make the request in writing to avoid any possible dispute later. A simple email, or text message asking for medical care or wage-loss benefits will usually suffice.

Be aware and cautious with employers who try to avoid the formal claims process. Some employers may offer to cover your medical bills or lost wages “under the table” in exchange for not reporting the injury properly. This is an immediate red flag. These informal promises often fall through and can be used against you if you try and enforce your rights later. Always try and follow the proper procedure to protect yourself and your benefits.

What If My Employer Will Not Cooperate?

If your employer refuses to cooperate when you try to report a work-related injury in Michigan, you can take legal action on your own by filing an Employee’s Report of Claim with the State of Michigan. This form will start the workers’ compensation process, regardless of the involvement of your employer. Once the claim is filed, it becomes the responsibility of the employer’s insurance company to review the case and decide whether to approve or deny benefits.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.