Michigan Workers' Comp Cases Rarely See a Courtroom
The Michigan Worker’s Compensation Agency processes worker’s comp claims, including those that are disputed. While hearings are held, these are presided over by a magistrate rather than a judge in a courtroom. However, these hearings hold the same weight as a trial and require careful planning.
It is important to have the best legal representation while you go through the worker’s compensation process, especially if your claim is being denied by your employer or their insurance carrier. Contact us today for a free consultation, or keep reading to learn more about what to expect in your worker’s comp case.
How Many Worker’s Compensation Cases Have a Hearing?
According to statistics from the Michigan Workers' Compensation Agency (WCA), there were 29,229 lost time claims over 7 days filed in 2021. Of these, 4,389 were contested cases and 3,806 were referred to a magistrate for a hearing.
Overall, 15% of cases are contested and 13% of all worker’s comp cases go to the magistrate for a hearing. In the vast majority of cases, worker’s comp claims go through without any need for mediation or intervention from the WCA.
How Long Does It Take to Get a Worker’s Comp Hearing in Michigan?
There are many factors that determine how long it might take to get a workers' compensation hearing in Michigan. The WCA statistics include the age of cases waiting to be heard in front of a magistrate in 2021.
At the end of 2021, the cases waiting for a hearing were aged as follows:
- 3,678 0-12 months
- 1,435 13-18 months
- 1,058 19-24 months
- 2,565 more than 24 months
These statistics show that some cases move quickly through the process, resolving in a hearing within just a few months. However, in other more complex cases, claims could wait more than two years for a hearing. Part of this has to do with recovery time.
What Happens in a Workers' Compensation Hearing?
If your worker’s compensation claim is contested, the WCA may assign mediation before a hearing will be scheduled. In 2021, only 688 claims went to mediation, and of those only 39% were resolved there. The WCA will then schedule an administrative hearing.
In the hearing, you and your employer will present evidence, including:
- Witness testimony
- Doctor testimony
- Vocational expert testimony
- Testimony of others involved, such as supervisors
- Medical records
The magistrate will find for either you or your employer at the end of the hearing. If you do not agree with the magistrate’s decision, you can file an appeal with the WCA. The appeals commission will review the evidence and hearing transcripts but do not hold a trial or hearing of their own.
How Many Worker’s Comp Cases Go to Michigan Court of Appeals?
If your claim is denied by the magistrate and the decision is upheld by the appeals commission, you can file an appeal with the Michigan State Court of Appeals. However, this court is not required to hear your case and may not grant you leave to file the appeal in their court. For this reason, very few worker’s compensation cases go to trial in Michigan.
In 2021, the commission of appeals received just 21 new cases, had 41 cases pending at the end of the year, and resolved 24 cases over the course of the year. Of those 24 cases, none were tried in the Michigan Court of Appeals.
Contested Worker’s Comp Claims Need Legal Representation
While you are not required to have an attorney for any part of the worker’s compensation process, having experienced legal representation is vital for getting your case resolved quickly. You are more likely to skip mediation and go directly to a hearing if you have an attorney who has already attempted a settlement. Bruce Weider has years of experience helping Michigan residents with their worker’s compensation claims. Contact us today for more information or to schedule your free consultation.
