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Michigan Workers' Compensation Laws

Michigan's Worker's Disability Compensation Act provides no-fault benefits to employees injured on the job. Injured workers receive wage-loss benefits equal to 80% of their after-tax average weekly wage, subject to a $1,201/week maximum (2026). The employer chooses the treating physician for the first 28 days; after that, the employee may choose. Workers' compensation is the exclusive remedy — the only exception is intentional torts, which require an extremely high burden of proof.

Last verified: 2026-02-25

Statute of Limitations

Notice within 90 days; claim within 2 yearsMCL § 418.381

The employee must give notice to the employer within 90 days of the injury. A formal claim must be filed within 2 years of: the injury date, the date disability manifests, or the last day of employment, whichever is later.

Filing Requirements

Report to EmployerMCL § 418.381

Notify your employer within 90 days of the injury or within 90 days of when you knew or should have known of the injury.

File ClaimMCL § 418.381

File a claim with the Workers' Disability Compensation Agency within 2 years. Disputes are heard by a magistrate at the WDCA.

Key Michigan Statutes

Wage Replacement Benefits (80% After-Tax)MCL § 418.301

Total disability benefits pay 80% of after-tax average weekly wage. Maximum weekly rate is $1,201 (2026). Partial disability pays 80% of the difference between pre-injury and post-injury wage-earning capacity.

Employer Choice of Physician (First 28 Days)MCL § 418.315

The employer has the right to choose the initial treating physician for the first 28 days. After 28 days, the employee may choose their own physician.

Exclusive Remedy (Intentional Tort Exception)MCL § 418.131

Workers' compensation is the exclusive remedy against the employer. The only exception is intentional torts — requiring a deliberate act where the employer specifically intended an injury. This is an extremely high bar.

Specific Loss BenefitsMCL § 418.361

Scheduled benefits for permanent injuries: paid at 80% of after-tax average weekly wage for a set number of weeks based on the body part (e.g., loss of arm, leg, hand, foot, eye). The schedule provides specific week counts for each type of loss.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Michigan Legislature — Compiled Laws. For advice about your specific situation, consult a licensed attorney.

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