Work injuries

Not sure if it is a comp claim or something more? Call. We will tell you plainly.

If you got hurt at work in Michigan, workers comp usually pays first. Workers comp is the insurance your employer carries for on-the-job injuries. It may not be the only place to look. If someone besides your employer caused the injury, or it happened in a car or truck, you may have a second claim.

Our focus on these cases is that second claim, against the driver, the other company, or the auto insurer. If your claim is only workers comp, we tell you plainly when you call. Either we handle it, or we connect you with a firm that does comp work every day.

What workers comp pays

Medical care. Your employer has to pay for reasonable medical care when you need it. MCL 418.315(1).

Your own doctor. After 28 days of care, you can switch to a doctor you choose. Give your employer the doctor's name first. MCL 418.315(1).

Weekly wage checks. If you cannot work, comp pays 80% of your after-tax average weekly wage. MCL 418.301(7), MCL 418.351(1).

A cap on the check. The weekly check has a top limit, and the state resets that limit every January 1. MCL 418.355(2).

Care at home from family. A spouse, parent, child, brother, or sister can give the care, up to 56 hours a week. MCL 418.315(1).

Tell us what happened at askazzo.com, or call 844-ASK-AZZO (844-275-2996). The office is at 33687 Woodward Ave in Birmingham.

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80%

Workers comp pays 80% of your after-tax average weekly wage while you cannot work. It stops at a weekly cap the state resets each January 1. MCL 418.351(1), MCL 418.355(2).

90 days

To tell your employer you were hurt. The clock starts at the injury, or when you knew or should have known about it. MCL 418.381(1).

2 years back

Comp will not pay for any time more than two years before you file for a hearing. Waiting costs you money even if your claim is still open. MCL 418.381(2).

How this works

Who pays when you are hurt at work

Your employer. The comp claim.

Comp pays when the injury comes out of your job and happens while you are working. MCL 418.301(1). In most cases you cannot sue your employer, because comp is the only claim you have against them. MCL 418.131(1). The one narrow exception covers an employer who meant to hurt you. It also covers one who knew an injury was certain and ignored it. Very few cases fit. MCL 418.131(1).

Someone else who caused it. The third-party claim.

Taking comp does not stop you from suing someone else who caused the injury. That could be a driver, a property owner, or another company on the job site, but not a coworker. MCL 418.827(1). Against an outside party, you can ask for what any injured person could, including pain and suffering. MCL 418.827(5). Know this going in. After costs and fees, your comp carrier gets paid back first from what you recover. MCL 418.827(5).

Hurt in a vehicle. The no-fault overlap.

If you were hurt in a car or truck while working, no-fault may pay too. No-fault is the auto insurance that covers your injuries, and it subtracts whatever comp already pays you. MCL 500.3109(1). A worker hurt in a company vehicle can claim no-fault from the insurer of that vehicle. The comp benefits are taken out. Mathis v Interstate Motor Freight System, 408 Mich 164 (1980). Pain and suffering from the at-fault driver is limited. It requires death, serious impairment of body function, or permanent serious disfigurement. MCL 500.3135(1). Lost wages and medical costs above your no-fault limits are different. You can sue for those without meeting that test. MCL 500.3135(3)(c).

Deadlines

90 days to tell your employer you were hurt. It runs from the injury, or from when you knew or should have known about it. MCL 418.381(1). A late notice can be excused, but only if the employer cannot show the delay hurt them. Do not count on it.

Two years to make a claim for comp. You can make it to your employer, out loud or in writing, or file it in writing with the state agency. In some cases the clock starts later. That can be when the disability first shows up, or your last day on that job. MCL 418.381(1).

Two years back. Comp will not pay for any time more than two years before you file for a hearing. MCL 418.381(2). Payment for family care at home only reaches back one year. MCL 418.381(3).

One year to give your auto insurer written notice if it happened in a vehicle. MCL 500.3145(1).

One year, then the carrier can step in. If you have not sued the outside party within a year, your employer or its carrier may sue them in your name. MCL 418.827(1).

Three years to sue the person or company who caused the injury. MCL 600.5805(2). At least 30 days before that suit, notice goes out by certified mail to your employer, the carrier, and the state agency. MCL 418.827(1).

Practical, not a legal deadline. Report the injury in writing even if you already told your boss, and keep a copy. Write down who saw it and take photos of the place it happened. These steps are about proof for later, not a legal cutoff.

Tell your employer you were hurt

MCL 418.381(1)

90 days

Make your claim for workers comp

MCL 418.381(1)

2 years

Sue the third party who caused it

MCL 600.5805(2)

100

3 years

Working with us

A named attorney owns the file and calls you back, usually the same day.

You call, or you send it.

We tell you who should handle it.

If it is only a comp claim, we say plainly whether we take it or connect you with a comp firm.

We tell you what notice is due.

Your employer needs written notice of the injury within 90 days. We tell you what is due and when. MCL 418.381(1).

We look for everyone who may owe you.

A driver, another company on the site, a property owner, an auto insurer. That is the side we focus on.

We line up the benefits.

Comp, no-fault, and the third-party claim overlap. We track what gets subtracted and what gets paid back.

If we take the third-party case, we file it on time.

Inside three years, with the 30-day certified mail notice the comp law requires. MCL 418.827(1).

Fees

No Fee Unless We Win.

The injury cases we take run on contingency, which means no attorney fee unless we recover for you. The fee comes out of the recovery, at a percentage set in a written agreement you sign before we start. Case costs are listed separately, so you can see each one. The consultation costs nothing, and if the case is not worth pursuing we say so instead of signing you up.

If your claim goes to another firm, you get the fee terms in writing before any work starts.

The order it runs in

Recovery
Case costs
Attorney fee
Medical liens
What reaches you

Questions

Questions people ask

Can I sue my employer for a work injury in Michigan?

Usually not, because workers comp is the only claim you have against your employer. MCL 418.131(1). The one exception is an employer who meant to hurt you, or knew an injury was certain and ignored it. That is rare. MCL 418.131(1).

How long do I have to report a work injury in Michigan?

Tell your employer within 90 days, and make your comp claim within two years. MCL 418.381(1). Do both in writing and keep copies of everything you send.

How much does workers comp pay in Michigan?

It pays 80% of your after-tax average weekly wage, up to a weekly cap. MCL 418.351(1). The state resets that weekly cap every January 1, so the year you were hurt sets the number. MCL 418.355(2). Comp also pays for reasonable medical care while you need it. MCL 418.315(1).

Can I sue someone else who caused my work injury?

Yes, as long as it was not your employer or a coworker, and taking comp does not stop you. MCL 418.827(1). After costs and fees, your comp carrier is paid back first from what you recover. MCL 418.827(5).

Who pays if I was hurt in a car crash while working?

Comp pays, and often no-fault does too. No-fault subtracts whatever comp pays you. MCL 500.3109(1). A worker hurt in a company vehicle can claim no-fault from the insurer of that vehicle. Mathis v Interstate Motor Freight System, 408 Mich 164 (1980).

Do you handle workers comp claims?

We tell you plainly when you call. Either we handle your comp claim, or we connect you with a firm that does comp work every day. Our focus is the side of a work injury that involves an outside party or a vehicle.

This page explains Michigan law. It is not legal advice about your situation, and the statutes and figures on it change. Reading this page, calling the firm, or sending us information does not create an attorney-client relationship. That relationship starts only when you and the firm sign a written agreement.

For the firm's full terms, see our disclaimer.

The Azzo Law storefront office on a Birmingham main street at dusk, warm light in the windows.

Lauren Sitto Azzo leads Azzo Law from 33687 Woodward Ave in Birmingham, with a team behind the work. A work injury can involve comp, no-fault, and a claim against someone else, all at once. We sort out which ones apply to you, and we tell you straight which part we handle.

Call 844-ASK-AZZO or tell us what happened. Bring the injury report and any letters from the comp carrier, and we will tell you what you are looking at.

Tell us what happened Call 844-ASK-AZZO (844-275-2996)

Work injuries

What workers comp pays

Who pays when you are hurt at work

Your employer. The comp claim.

Someone else who caused it. The third-party claim.

Hurt in a vehicle. The no-fault overlap.

Deadlines

Working with us

You call, or you send it.

We tell you who should handle it.

We tell you what notice is due.

We look for everyone who may owe you.

We line up the benefits.

If we take the third-party case, we file it on time.

Fees

The order it runs in

Questions people ask

Can I sue my employer for a work injury in Michigan?

How long do I have to report a work injury in Michigan?

How much does workers comp pay in Michigan?

Can I sue someone else who caused my work injury?

Who pays if I was hurt in a car crash while working?

Do you handle workers comp claims?

Explore other services

Business disputes

Criminal defense

Property damage

Catastrophic injury

Tell us what happened

Work injuries

What workers comp pays

Who pays when you are hurt at work

Your employer. The comp claim.

Someone else who caused it. The third-party claim.

Hurt in a vehicle. The no-fault overlap.

Deadlines

Working with us

You call, or you send it.

We tell you who should handle it.

We tell you what notice is due.

We look for everyone who may owe you.

We line up the benefits.

If we take the third-party case, we file it on time.

Fees

The order it runs in

Questions people ask

Can I sue my employer for a work injury in Michigan?

How long do I have to report a work injury in Michigan?

How much does workers comp pay in Michigan?

Can I sue someone else who caused my work injury?

Who pays if I was hurt in a car crash while working?

Do you handle workers comp claims?

Where to go next

Explore other services

Business disputes

Criminal defense

Property damage

Catastrophic injury

Tell us what happened