Summary of Workers’ Compensation Rights and Responsibilities

Rights

  • Wage loss benefits: You have the right to receive wage loss benefits if you have been off work for one week or longer (MCL 418.311).
  • Medical expenses: You have the right to receive reasonable and necessary medical expenses (MCL 418.315).
  • Vocational Rehabilitation: You have the right to receive 52 weeks of vocational rehabilitation training, treatment or service. You may extend this for another 52 weeks period (MCL 418.319).
  • Mileage Reimbursement: For 2006, $.445 per mile. R408.45, Rule 15(2)
  • A Trial
  • An Appeal to the Workers Compensation Appellate Commission
  • An attorney, at your own expense
  • Attendant Care: MCL 418.315(1)
  • Dependant’s benefits in the event of death (MCL 418.321)

Responsibilities

  • Promptly report your injury; within 90 days.
  • Complete and sign a report of injury.
  • Provide to your employer, or its insurance company, any medical records relevant to your claim that are in your possession.
  • You must sign a release and provide access to all of your medical records, even those records that are not relevant to your claim. Your employer may require you to submit a drug test.
  • You must treat with the physician of your employer’s choosing from the first 10 days from the inception of medical care. In the event that you treat with your own doctor then you must provide your employer with the name of your physician and state your intention to treat with that physician. MCL 418.315(1)
  • Return to a position that is within your capacity to perform that poses no clear and proximate threat to your health and safety when called to do so.

Courtesy of Ron Ryan at Ryan, Jamieson, Morris, Ryan and Smith, February 2006

List is not an exhaustive list of your rights and responsibilities. This document should not be considered legal advice. You are encouraged to speak to you own attorney concerning your Michigan workers’ compensation rights as they may apply differently to your individual circumstance or condition.