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How do I file a workers compensation claim in Michigan?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Michigan workers' compensation is administered by the Workers' Disability Compensation Agency (WDCA) under the Workers' Disability Compensation Act, MCL 418.101 et seq.

1. Who Is Covered

  • Public employers and most private employers with 1+ regular employee for 35 hours/week for 13+ weeks, or 3+ employees at any one time (MCL 418.115).
  • Includes part-time and seasonal workers.
  • Sole proprietors, partners, and corporate officers may opt out.

    • 2. Notice to Employer — 90 Days

  • Under MCL 418.381, give notice to the employer within 90 days of the injury.
  • May be oral or written; failure may bar the claim unless the employer is not prejudiced.

    • 3. Filing Deadline — 2 Years

  • File Form WC-117 (Employee's Application for Mediation or Hearing) with the WDCA within 2 years of the injury (MCL 418.381(2)).
  • Disputes proceed to mediation first, then a magistrate hearing, with appeals to the Michigan Compensation Appellate Commission (MCAC) and Michigan Court of Appeals.

    • 4. Weekly Benefit Calculation — Unique 80% After-Tax Formula

  • Temporary Total Disability: 80% of after-tax average weekly wage (AWW) (MCL 418.351).
  • After-tax AWW is calculated using a tax tables (Form WC-219) considering federal tax, state tax, FICA, dependents.
  • 2024 maximum: 90% of the SAWW (~$1,143/week); minimum based on % of SAWW.

    • 5. Maximum Benefit Period

  • Total Disability: indefinite, but subject to wage-earning capacity reviews.
  • Specific Loss: scheduled weeks per body part (e.g., arm = 269 weeks at full benefit rate).
  • After age 65, benefits coordinate with Social Security retirement at 50%.

    • 6. Medical Treatment

  • For the first 28 days, the employer chooses the doctor (MCL 418.315).
  • After 28 days, the employee may choose any qualified physician.
  • Medical benefits are unlimited in duration.

    • 7. Choice of Doctor

  • Employer for first 28 days; employee thereafter.

    • 8. Attorney Fees

  • Capped at 30% of the disputed amount under MCL 418.858; magistrate must approve. Hourly rates also possible.

    • 9. Coordination of Benefits

  • Workers' comp is coordinated with employer-provided pensions, disability insurance, and unemployment (MCL 418.354) — reducing the workers' comp benefit dollar-for-dollar with these other sources.

    • 10. Retaliation

  • MCL 418.301(13) prohibits retaliatory discharge for filing a workers' comp claim.

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your benefits are coordinated with pension/disability and you need to maximize recovery
    • The 28-day employer-doctor period is being abused by the carrier
    • Your wage-earning capacity is disputed at a Magistrate hearing
    Related Statutes & Laws
    • MCL 418.115
    • MCL 418.301
    • MCL 418.315
    • MCL 418.351
    • MCL 418.354
    • MCL 418.381
    • MCL 418.858

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.