The Michigan workers compensation act — formally the Michigan Worker’s Disability Compensation Act of 1969 (1969 PA 317), found at Michigan Compiled Laws Chapter 418, MCL 418.101 to 418.941 (Act 317 of 1969) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Michigan workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Michigan at a Glance
| Official name | Worker’s Disability Compensation Act of 1969 (1969 PA 317) |
| Where it lives | Michigan Compiled Laws Chapter 418, MCL 418.101 to 418.941 (Act 317 of 1969) |
| First enacted | 1912 (Workmen’s Compensation law, Act No. 10 of the 1912 Extra Session Public Acts, effective September 1, 1912) |
| Reporting deadline | 90 days after the injury, or 90 days after the employee knew or should have known of it (MCL 418.381(1)) |
| Filing deadline | 2 years after the latest of the date of injury, the date the disability shows itself, or the last day of work for that employer; for a death, 2 years after the death (MCL 418.381(1)) |
| Exclusive remedy | MCL 418.131(1). Workers’ comp is the employee’s exclusive remedy against the employer. The exception is an intentional tort: the employer made a deliberate act and specifically intended injury. Intent is presumed when the employer had actual knowledge an injury was certain to occur and willfully disregarded that knowledge. Whether an intentional tort occurred is a question of law for the court |
| Recent amendments | NONE (no amendment to 1969 PA 317 effective in 2024, 2025 or 2026 could be verified. Pending or died bills include SB 1079 of 2024, which would raise the maximum rate from 90% to 100% of the state average weekly wage, SB 74 of 2025, and HB 5541 and HB 5952 of 2026. None was confirmed as enacted) |
In This Michigan Guide:
What the Michigan Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Michigan workers compensation act dates to 1912 (Workmen’s Compensation law, Act No. 10 of the 1912 Extra Session Public Acts, effective September 1, 1912).
It lives at Michigan Compiled Laws Chapter 418, MCL 418.101 to 418.941 (Act 317 of 1969), and the official text is linked in the sources. Michigan’s after-tax 80% formula (MCL 418.351) differs from the gross-wage percentage most states use. The Board of Magistrates is a separate, independent body; under MCL 418.841 its small claims division hears claims of 2000 or less, and those decisions are final.
The intentional-tort exception to exclusive remedy is written into the statute (MCL 418.131) rather than created by courts. Benefit tables are published yearly by the agency; confirm current figures with the Workers’ Disability Compensation Agency and a licensed attorney
Who the Michigan Workers Compensation Act Covers
MCL 418.115; MCL 418.611 requires covered employers to carry insurance or be approved to self-insure. The Act covers all public employers, and private employers that regularly employ 3 or more employees at one time, or fewer than 3 if at least 1 has worked 35 or more hours per week for 13 or more weeks during the preceding 52 weeks MCL 418.115.
Private employers below the 3-employee / 35-hours / 13-weeks threshold are not covered. Agricultural employers are covered only if they have 3 or more regular hourly or salaried (not piecework) employees working 35 or more hours per week for 13 or more consecutive weeks. Who counts as an “employee,” including the independent-contractor test, is defined in MCL 418.161
Deadlines in the Michigan Workers Compensation Act
Waiting period: MCL 418.311. The waiting period is 7 days: payment starts on the 8th day, and if incapacity lasts 2 weeks or longer, payment is backdated to the date of injury. Wage-loss rate: MCL 418.351. The rate is 80% of the employee’s after-tax average weekly wage, up to the yearly maximum set under MCL 418.355 (90% of the state average weekly wage).
The agency publishes the current maximum each year in its Weekly Benefit Tables.
Michigan Workers Compensation Act: Key Sections at a Glance
The sections of the Michigan workers compensation act that decide most cases, each with its citation:
| Coverage mandate | MCL 418.115; MCL 418.611 requires covered employers to carry insurance or be approved to self-insure. The Act covers all public employers, and private employers that regularly employ 3 or more employees at one time, or fewer than 3 if at least 1 has worked 35 or more hours per week for 13 or more weeks during the preceding 52 weeks |
| Exemptions | MCL 418.115. Private employers below the 3-employee / 35-hours / 13-weeks threshold are not covered. Agricultural employers are covered only if they have 3 or more regular hourly or salaried (not piecework) employees working 35 or more hours per week for 13 or more consecutive weeks. Who counts as an “employee,” including the independent-contractor test, is defined in MCL 418.161 |
| Report an injury | 90 days after the injury, or 90 days after the employee knew or should have known of it (MCL 418.381(1)) |
| File a claim | 2 years after the latest of the date of injury, the date the disability shows itself, or the last day of work for that employer; for a death, 2 years after the death (MCL 418.381(1)) |
| Waiting period | MCL 418.311. The waiting period is 7 days: payment starts on the 8th day, and if incapacity lasts 2 weeks or longer, payment is backdated to the date of injury |
| Wage-loss rate | MCL 418.351. The rate is 80% of the employee’s after-tax average weekly wage, up to the yearly maximum set under MCL 418.355 (90% of the state average weekly wage). The agency publishes the current maximum each year in its Weekly Benefit Tables |
| Exclusive remedy | MCL 418.131(1). Workers’ comp is the employee’s exclusive remedy against the employer. The exception is an intentional tort: the employer made a deliberate act and specifically intended injury. Intent is presumed when the employer had actual knowledge an injury was certain to occur and willfully disregarded that knowledge. Whether an intentional tort occurred is a question of law for the court |
| Retaliation | MCL 418.301(13). No person may fire or in any way discriminate against an employee for filing a complaint, starting a proceeding, or using a right under the Act. The statute does not name a remedy; Michigan courts allow a civil lawsuit for retaliatory discharge. Confirm with a licensed attorney |
| Uninsured employer penalty | MCL 418.641. An employer that fails to secure coverage as required by Section 611 commits a misdemeanor: a fine of up to 1000, up to 6 months in jail, or both. Each day without coverage is a separate offense |
| Who hears disputes | MCL 418.841. Disputed claims go to the agency and are decided by a worker’s compensation magistrate (Board of Magistrates). Claims of 2000 or less go to a small claims division, where the magistrate’s decision is final and cannot be appealed absent fraud. Appeals from magistrates are heard by the appellate commission under MCL 418.861a, which must treat the magistrate’s findings of fact as conclusive if they are supported by competent, material and substantial evidence on the whole record |
The Exclusive-Remedy Bargain in the Michigan Workers Compensation Act
MCL 418.131(1). Workers’ comp is the employee’s exclusive remedy against the employer. The exception is an intentional tort: the employer made a deliberate act and specifically intended injury. Intent is presumed when the employer had actual knowledge an injury was certain to occur and willfully disregarded that knowledge. Whether an intentional tort occurred is a question of law for the court
Retaliation and Penalties Under the Michigan Workers Compensation Act
MCL 418.301(13). No person may fire or in any way discriminate against an employee for filing a complaint, starting a proceeding, or using a right under the Act. The statute does not name a remedy; Michigan courts allow a civil lawsuit for retaliatory discharge. Confirm with a licensed attorney MCL 418.641.
An employer that fails to secure coverage as required by Section 611 commits a misdemeanor: a fine of up to 1000, up to 6 months in jail, or both. Each day without coverage is a separate offense MCL 418.841. Disputed claims go to the agency and are decided by a worker’s compensation magistrate (Board of Magistrates).
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Claims of 2000 or less go to a small claims division, where the magistrate’s decision is final and cannot be appealed absent fraud. Appeals from magistrates are heard by the appellate commission under MCL 418.861a, which must treat the magistrate’s findings of fact as conclusive if they are supported by competent, material and substantial evidence on the whole record
Recent Amendments to the Michigan Workers Compensation Act
NONE (no amendment to 1969 PA 317 effective in 2024, 2025 or 2026 could be verified. Pending or died bills include SB 1079 of 2024, which would raise the maximum rate from 90% to 100% of the state average weekly wage, SB 74 of 2025, and HB 5541 and HB 5952 of 2026. None was confirmed as enacted)
How to Read the Michigan Workers Compensation Act
Statute pages are written for lawyers, so read the Michigan workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Michigan workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Michigan claim guide turns these sections into steps and dates, and the Michigan requirements guide covers the employer side.
Frequently Asked Questions
Where is the Michigan workers compensation act in the code?
Michigan Compiled Laws Chapter 418, MCL 418.101 to 418.941 (Act 317 of 1969). The sources below link to the official text.
How long do I have to report a work injury under the Michigan act?
90 days after the injury, or 90 days after the employee knew or should have known of it (MCL 418.381(1)). Report in writing as soon as possible either way.
Can I sue my employer instead of using the Michigan workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Michigan Sources & Resources
- Michigan Workers’ Disability Compensation Agency (Michigan Department of Labor and Economic Opportunity): https://www.michigan.gov/leo/bureaus-agencies/wdca
- Michigan Workers’ Comp Statute: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-chap418
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Michigan workers compensation act guide was last verified against official Michigan sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.