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Detailed Answer
If you suspect your employer has filed a workers’ compensation claim on your behalf after a workplace injury, follow these steps to verify the filing:
1. Check with Your Employer or HR Department
Under Michigan Compiled Laws (MCL) 418.311, your employer must file a First Report of Injury or Disease (Form WC-100) with the Workers’ Disability Compensation Agency (WDCA) within 14 days of learning about your injury. Contact your supervisor or human resources representative and ask if they have submitted Form WC-100. Request a copy for your records.
2. Contact the Insurer
Your employer’s workers’ compensation insurance carrier must also handle your claim. Ask the insurer directly whether they received the WC-100 and open a claim file. Insurers typically assign a claim number and adjuster. Get those details in writing.
3. Use the WDCA Online Case Search
The WDCA maintains case information online. Visit the WDCA website at https://www.michigan.gov/wca and locate the Case Search or Claim Search tool. Enter your name, employer name, or claim number to confirm that your claim appears in the agency’s records.
4. Request Records via FOIA
If the WDCA’s public search yields no results, you can file a Freedom of Information Act (FOIA) request for your claim documents. Under the Michigan FOIA (MCL 15.231 et seq.), you may obtain copies of the WC-100 or other records showing whether a claim was filed. Contact the WDCA FOIA coordinator for instructions.
5. Monitor Deadlines and Statutory Requirements
Michigan law requires you to report injuries within 90 days of the date of injury (MCL 418.301) and gives employers 14 days to file (MCL 418.311). Keep track of these deadlines so you know when you must act if no claim appears.
6. Consult an Attorney if Necessary
If your employer or insurer fails to file and you face medical bills or lost wages, you can request a hearing before the WDCA by completing Form WC-101 (MCL 418.383). An attorney can help you navigate the hearing process.
Helpful Hints
- Keep copies of all correspondence with your employer and insurer.
- Write down the date and time you reported your injury.
- Verify the claim number as soon as the insurer provides it.
- Use certified mail or email read receipts when requesting documents.
- Track deadlines: 90 days to report, 14 days for employer to file.
- Save all medical records and bills related to your injury.
- Review WDCA case status online at least once a month.