Hurt At Work
MCL 418.301 and 418.381 — what is covered, 90 days to tell the employer, 2 years to claim
An employee who receives a personal injury arising out of and in the course of employment, with an employer subject to the act, is paid compensation under it. An injury is compensable if work causes, contributes to or aggravates a pathology in a way that makes it medically distinguishable from what existed before. For a disease, or an injury that did not come from a single event, the date of injury is the last day of work in the employment that caused it.
Mental disabilities and conditions of the aging process, including heart conditions and degenerative arthritis, are compensable if the employment contributed to, aggravated or accelerated them in a significant manner. A mental disability has to arise out of actual events of employment, not unfounded perceptions of them.
90 days to tell the employer, 2 years to claim. The employee gives notice of the injury to the employer within 90 days after it happened, or within 90 days after the employee knew or should have known of it. A missed notice is excused unless the employer proves it was prejudiced. A claim, oral or written to the employer, or written to the agency, is made within 2 years after the injury, and a claim is valid only if made within 2 years after the latest of the date of injury, the date the disability shows itself, or the last day of employment with that employer.
However long a claim takes, compensation is not paid for any period more than 2 years before the employee filed an application for a hearing with the agency, and nursing or attendant care is not paid for any period more than 1 year before it.
The employer furnishes reasonable medical, surgical and hospital services and medicines when they are needed. After 28 days from the start of medical care, the employee may treat with a physician of their own choice by giving the employer the physician's name and the intention to treat with them. The employer or its carrier may petition to object, and has to show cause.
While the incapacity for work is total, weekly compensation is 80% of the employee's after tax average weekly wage, up to a maximum rate set under another section, and it is paid for the duration of the disability.
The maximum weekly rate, partial disability, and what happens when an employee refuses reasonable employment are in other parts of the act and are not covered here.
Sources for this section (4)
- MCL 418.301 — Compensation for a personal injury in the course of employment
- MCL 418.315 — Medical care, and choosing a physician
- MCL 418.351 — Weekly compensation for total incapacity
- MCL 418.381 — Notice of injury, and the time limit for a claim
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.