After an injury in the workplace, one of the most common questions that Michigan workers ask is about the timeline of their case. The answer to this question is dependent on multiple different factors.
First of all, anxiety is completely normal when it comes to the waiting period. The uncertainty can also cause frustration which can feel debilitating. While every case is different, Michigan has typical patterns and procedures that contribute to influencing loose timelines. Knowing and understanding what can help speed up and slow down claims can make you better prepared for your individual circumstance.
Reporting Your Injury and Filing the Claim
The first thing to remember is that Michigan law requires an employee to inform their injury to their employer within 90 days of it occurring. Once this is done, the employer must then report it to their insurance company.
During this time, the ideal case scenario would be for the benefits to be voluntarily paid to the victim, but this doesn’t always happen. When benefits aren’t given, it’s up to the worker to file an Application for Mediation or a Hearing. Something to note is that the longer it takes for the injury to get reported, the higher the likelihood of delays in the court. Because of this, you want to report your injury as soon as possible. This same rule applies if documents are missing which why staying as organized as possible is essential.
Length of Time Before Receiving Initial Benefits
Typically, insurance companies start paying wage-loss benefits within the first few weeks after the claim is accepted. Medical benefits may start even sooner depending on whether the employer is responsible for handling the initial treatment. While this is very possible, it’s important to remember that these types of fast acting benefits only happen if the insurance company deems the injury as being directly work-related and that it was properly documented.
How to Approach Claim Being Denied
In Michigan, denied claims enter the dispute resolution process. The Michigan Workers’ Disability Compensation Agency (WDCA), handles the hearings involved with this part of the process. Unfortunately, waiting for a scheduled hearing date can take months, and going through the discovery period (collecting medical records, depositions, etc.) adds even more time.
It’s common for cases to settle before a trial occurs which means both sides would come to some kind of agreement rather than needing a formal court date but this doesn’t always happen. In cases that trial dates are set and don’t change, it can take a year or more for it to come. The overall length of time for the litigation process of a case going to trial can be 12-18 months depending on the complexity of the case and its procedures.
Average Timeline for a Michigan Workers’ Comp Case
In general, uncontested cases often move quickly, with benefits beginning within just a few weeks. When a claim is moderately disputed, the process typically stretches to about 6–12 months. Cases that require full litigation usually take longer, averaging 12–18 months, while those involving serious injuries or appeals can extend well beyond two years.
Once again, these can all be subjective timelines, and ultimately being organized and utilizing the right resources can help to limit delays in your case and speed up the process as much as possible.
Why Having Legal Representation is Important
Having the right legal team to support you and your case is essential in making it through these types of situations. Accidental mishaps are common when it comes to filing the wrong documents, missing a deadline, or misreading something important that can cause extra delays in your case. At Duff Law, attorneys with years of experience and high success rates to back them up are here for you. Make sure you take full advantage and inquire about your specific case as soon as possible to avoid delays in getting the help you need.