Federal & State Regulations | Workers’ compensation - Michigan

State Info

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Competitive state fund or self-insurance by private carrier, individual employer, or groups of employers

Exemptions from WC: Employers who employ fewer than 3 employees.

Medical benefits provided: Full

Physician selection: Employer selects physician. After specified periods stated in law, employee has free choice.

Benefits for temporary total disability (TTD): 80 percent of worker’s spendable earnings for duration of disability. Benefits subject to reduction by UI and Social Security benefits, and by those under an employer disability, retirement, or pension plan.

Benefits for permanent total disability (PTD): 80 percent of worker’s spendable earnings for duration of disability. Benefits subject to reduction by UI.

Benefits for permanent partial disability (PPD): 80 percent of worker’s spendable earnings for duration of disability. Benefits subject to reduction by UI.

Scheduled awards: Scheduled awards are not paid in addition to TTD benefits. They are paid directly after an accident.

Disfigurement benefits: None.

Death benefits for surviving spouse and children: 80 percent of worker’s spendable earnings for up to 500 weeks. Children receive benefits until age 16, 18 if full-time student, or longer if disabled, notwithstanding the 500-week limit.

Maximum burial allowance: $6,000

Waiting period: 7 days. Compensation is retroactive if disability continues for 2 weeks days from date of injury. Retroactive from day of injury if death results.

Rehabilitation: Both physical rehabilitation (PR) and vocational rehabilitation (VR) are covered. Employers are responsible for VR costs plus costs of board, lodging, and travel during VR for a maximum of 104 weeks. Employers may be required to offer VR by WC Bureau. Employees receive compensation for wage loss plus travel and necessary expenses. Employees must accept PR and VR or compensation may be reduced.

Attorney fees: 30 percent up to time of trial, 15 percent first $25,000; 10 percent balance on redemption settlements.

Occupational hearing loss statutes: Employee has 4 months from date of discovery to file for compensation. Hearing loss compensation based on wage loss. Hearing loss formula is determined by medical evaluation. There is a deduction for preexisting loss.

Forms - http://www.michigan.gov/wca/0,1607,7-191-26917---,00.html

What’s new - http://www.michigan.gov/wca/0,1607,7-191-26930---,00.html