Workers’ Compensation

A Comprehensive Guide to Workers’ Compensation Law in Michigan

Workers’ compensation laws exist to protect employees who suffer work-related injuries or illnesses by providing medical benefits and wage replacement. However, the specifics of these laws vary from state to state. In this guide, the Law Offices of Miller & Miller, P.C. will explain workers’ compensation laws in Michigan and Ohio, including eligibility, benefits, and the claims process. We will also compare and contrast the two states to highlight key differences that injured workers should be aware of.

Workers’ Compensation Law in Michigan

Michigan’s workers’ compensation system is designed to provide benefits to employees who suffer job-related injuries or illnesses. The Michigan Workers’ Disability Compensation Act governs the program, ensuring that employees receive financial support while they recover.

Eligibility for Workers’ Compensation in Michigan

To qualify for workers’ compensation benefits in Michigan, an employee must meet the following criteria:

• The injury or illness must be work-related.
• The worker must be classified as an employee, not an independent contractor.
• The injury must be reported to the employer within 90 days of occurrence.
• A formal workers’ compensation claim must be filed within two years of the injury.

Types of Benefits Available in Michigan

Michigan provides various types of workers’ compensation benefits, including:

• Medical Benefits – Coverage for all necessary medical treatment related to the injury.
• Wage Loss Benefits – Partial wage replacement at 80% of the worker’s after-tax income, subject to state-mandated caps.
• Vocational Rehabilitation – Assistance with retraining or job placement if the worker can no longer perform their previous job.
• Specific Loss Benefits – Compensation for permanent loss of certain body parts or functions.
• Death Benefits – Financial support for dependents of a worker who dies from a job-related injury or illness.

Filing a Workers’ Compensation Claim in Michigan

1. Report the Injury – Notify your employer within 90 days of the incident.
2. Seek Medical Treatment – Initial treatment is covered, but after 28 days, you can choose your own doctor.
3. Employer Submits the Claim – Your employer’s insurance provider will process the claim.
4. Claim Approval or Denial – If denied, you can file an appeal with the Michigan Workers’ Compensation Agency.

Workers’ Compensation Law in Ohio

Unlike Michigan, Ohio operates a state-run workers’ compensation system under the Ohio Bureau of Workers’ Compensation (BWC). This means that most employers must obtain workers’ compensation coverage through the BWC rather than private insurers.

Eligibility for Workers’ Compensation in Ohio

To receive workers’ compensation benefits in Ohio, a worker must:

• Be classified as an employee.
• Sustain an injury or illness related to their job duties.
• Report the injury within one year of the incident.
• File a claim with the BWC.

Types of Benefits Available in Ohio

Ohio workers’ compensation benefits include:

• Medical Coverage – Full coverage for medical treatment related to the injury.
• Temporary Total Disability (TTD) Benefits – Wage replacement benefits for employees unable to work, calculated at 66.67% of the worker’s average weekly wage.
• Permanent Partial Disability (PPD) Benefits – Compensation for permanent impairments without total disability.
• Permanent Total Disability (PTD) Benefits – Benefits for workers who are permanently unable to work.
• Vocational Rehabilitation – Job training or education assistance.
• Death Benefits – Compensation for dependents of deceased workers.

Filing a Workers’ Compensation Claim in Ohio

1. Seek Medical Treatment – Inform the provider that the injury is work-related.
2. Notify Your Employer – This should be done as soon as possible.
3. File a Claim with the BWC – Claims must be submitted within one year of the injury.
4. Claim Review – The BWC reviews and either approves or denies the claim.
5. Appeals Process – If denied, an appeal can be filed with the Ohio Industrial Commission.

Comparing Workers’ Compensation Laws in Michigan and Ohio

While both Michigan and Ohio provide workers’ compensation coverage, they have key differences in how benefits are administered and the processes involved.

Key Similarities:

• Both states cover medical expenses, lost wages, and disability benefits for injured workers.
• Employees must report injuries and file claims within state-specified deadlines.
• Both states offer vocational rehabilitation services for workers who need assistance returning to employment.
• There are appeal processes available if a claim is denied.

Which State Has a More Worker-Friendly System?

• Michigan’s system may be more flexible because it allows private insurers, giving employees more provider choices after the initial 28 days.
• Ohio’s system, being state-run, ensures more uniform standards but limits the worker’s choice of healthcare providers.
• Michigan offers a higher wage replacement percentage (80% of after-tax earnings), making it more beneficial for injured employees who rely on wage loss benefits.
• Ohio’s claims process is centralized under the BWC, which can streamline processing but may also make the system harder to navigate without legal assistance.

Final Thoughts

Workers’ compensation laws are essential for protecting employees, but understanding the differences between Michigan and Ohio can be challenging. While both states provide key benefits such as medical coverage and wage replacement, their processes and policies vary significantly. Whether you are filing a claim in Michigan or Ohio, having legal representation can improve your chances of receiving full benefits.

For more information or a consultation, reach out to the Law Offices of Miller & Miller, P.C. today to ensure your rights are fully protected.