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Flint Journal Ask the Attorney Column

Q. I was injured at work but I didn’t report the injury to my boss until a week later when my doctor told me to stay off work and rest. My boss now says I can’t get workers’ comp because I didn’t report this immediately. Is this true? (Feb 2017)

A. No. Michigan workers are required to report an injury within 90 days from the date they knew, or should have known, they were were injured. Of course, the sooner you report an injury, the better chance you have of being believed. Even if you report an injury after 90 days, the late reporting will be excused by the courts unless the employer proves that their ability to defend the case was prejudiced by the late reporting. Just because your boss prefers to get reports of injury “immediately” does not mean you now have no right to benefits. Benefits can include potentially lifetime wage loss benefits, lifetime medical care and two years of retraining benefits. For a free consultation regarding what benefits are available to you in your situation, feel free to give me a call.

–Attorney Robert J. MacDonald