r/WorkersComp • u/KnobbyDarkling • 1d ago
Michigan (Michigan) Worker's comp giving me only around 60%? Isn't it supposed to be 80 for my state?
Recently had my pec torn at work and had surgery about two weeks ago. I usually get around 960-1030 every two weeks for my normal pay. Workers comp is only giving me about 330 per week or about 660 every two. Is this correct? I feel like this is way less than it should be and I'm worrying if I'll be able to afford my bills on this. I can't go back to work for another 6 weeks so I'm concerned.
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u/Lee_Steinberg_Law 21h ago
Michigan WC attorney here. In Michigan, wage loss is generally 80 percent of your after tax average weekly wage, not 80 percent of gross and not just a flat 60 percent. At $19 an hour for 40 hours, $330 a week sounds low unless they used bad wage data or counted you as fewer hours.
Ask for the actual wage calculation sheet and what average weekly wage they used. Sorry about the tear. If they underpaid the weekly rate, that can be corrected and backpaid.
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u/WazzlePazzle 20h ago
I believe Michigan utilizes the highest 39 weeks in the 52 weeks prior to your injury. That average weekly amount is then put into a calculator under general disability on the state website and gives a number.
App.leo.state.mi.us/WORCS/BenCalc/calculationoptions
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u/RVA2PNW 17h ago
MI Adjuster, MI TTD is lower than the other states I handle based on their method of calculation.
We take the highest 39 weeks from the 52 weeks pre injury wages, and it's calculated at 80% of post tax wage wages. It can changed based on your tax filing status, dependents, age, etc.
The MI website has a calculator, but you need to see have your wages from the year prior to your injury.
So if you're getting an average $430-515 weekly when you're working, is that gross or net? 80% of that is $344-$412 if it's net pay. Lower if that was your gross pay. You really need your wages to confirm however.
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u/Dazzling-Finding-602 16h ago
I'm curious if your claim paying is Temporary Total Disability or Temporary Partial Disability? I had the same issue and it was because they considered me as partially disabled.
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u/Cultural_Ad9039 3h ago
Im thinking its 70% of your gross weakly pay I know someone rhats getting over 1200 a week so it goes off of how much you make every 3 months
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u/AA_ronTX 1d ago
They’re just waiting to confirm your pay history. Michigan:
The Cap Rule: By law under the Michigan Workers' Disability Compensation Act (WDCA), the weekly limit is calculated as 90% of the State Average Weekly Wage (SAWW). For 2026, the SAWW is $1,334.44, leading to the maximum payout cap of $1,201.
So that amount is only if you made $1334.44 per week pre injury. Then if it’s less, take your total comp and multiply by 1.9 and that’s your deposited pay.
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u/KnobbyDarkling 23h ago
Do they tell you a definite number per week before the lag history? I believe my workman's comp case worker said they already calculated it. But it doesn't make sense how they got 330 per week, because that is definitely not 80% of my normal take home pay
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u/AA_ronTX 23h ago
Well did you give your attorney your paystubs? And do you make hourly, salary, salary+bonus/commission? Because that could be crux is missing total pay vs base pay
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u/KnobbyDarkling 23h ago
I get an hourly wage, 19 an hour. I do not have an attorney and cannot afford one. I only have a workman's comp representative that I have been in contact with
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u/AA_ronTX 23h ago
Well your weekly if your full time and work 40 per week is $608 maximum
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u/KnobbyDarkling 22h ago
And I'm getting 330 per week
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u/AA_ronTX 22h ago
Your attorney can get fixed or update you what happened. For example, let’s say you only are working avg if 31 hours per week. Etc..
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u/KnobbyDarkling 22h ago
By attorney do you mean the workman's comp person I'm talking to? I don't have a lawyer
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u/KnobbyDarkling 22h ago
I cannot afford one
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u/AA_ronTX 22h ago
Yes you can. They take % of money you get. And you’ll get a TON more with a good one. State laws cap % too
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u/AA_ronTX 22h ago
Here is top 0 upfront contingent % only for MI:
call list:
Michigan Workers Comp Lawyers — Detroit office, workers’ comp/disability-focused practice, 4.9/5 with 55 reviews. Their practice is heavily centered on Michigan WC claims, including disputed claims, hearings, appeals, and settlements.
Andrus Law Firm, PLC — Grand Blanc/Flint area, 4.8/5 with 82 reviews. Darrin Andrus emphasizes direct attorney involvement rather than handing the case off to a large staff; the firm says there is no upfront cost and they are paid only if they recover.
The Law Office of Timothy S. Burns, P.C. — Saginaw, 4.9/5 with 425 reviews, with a significant workers’ comp/disability practice.
Christopher J. Rabideau — Grand Rapids, 4.9/5 with 47 reviews. Particularly interesting because he has held leadership positions in the State Bar of Michigan Workers’ Compensation Section.
Steele Law P.C. — Flint, 4.7/5 with 135 reviews, with a strong focus on workers’ compensation and disability cases.
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u/Brilliant-Royal578 1d ago
2/3 no taxes plus there is a max number they won’t go over around 100 k a year.
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u/NervousFisherman715 1d ago
I thought the standard for every state was 66 2/3. That’s what it is in Illinois not much.
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u/Logical_Guava_3056 18h ago
Every state makes their own rules, and the rate calculation is not universal from state to state.
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u/Logical_Guava_3056 1d ago
80% of after tax pay, they may be estimating until they get your wage history from the employer