MI · Workers' compensation
Michigan Workers' Compensation Insurance
Who must carry coverage in Michigan, how owners and officers are treated, what happens if you go without it, and how to compare carriers.
Michigan's threshold has two paths: a private employer must carry coverage if it regularly employs one or more workers who work 35 or more hours per week for 13 or more consecutive weeks, or if it has three or more employees at any time regardless of hours.
Who must carry coverage in Michigan
Michigan's threshold has two paths: a private employer must carry coverage if it regularly employs one or more workers who work 35 or more hours per week for 13 or more consecutive weeks, or if it has three or more employees at any time regardless of hours. Agricultural employers follow the 35-hour/13-week test with three or more employees, and household employers must cover domestic workers who work 35+ hours per week for 13+ weeks. All public employers must carry coverage regardless of size. See the Workers' Disability Compensation Agency's insurance requirements page.
Owners, officers, LLC members
A sole proprietor is never considered an employee of their own business, so they are not automatically covered and coverage on themselves is optional. Partners are considered employees of the partnership, corporate officers are considered employees of the corporation, and LLC manager-members are considered employees of the LLC, meaning all three groups are counted toward the coverage threshold and are covered by default unless they properly file an exclusion form. Employers can meet the coverage requirement by purchasing insurance, self-insuring, or filing a valid exclusion, and should keep exclusion paperwork current since it's specific to the individual and the entity.
Independent contractors and subcontractors
Michigan scrutinizes 1099 relationships closely, particularly in construction, and a business that misclassifies a worker as an independent contractor can be treated as that worker's statutory employer if the worker is later injured. General contractors should collect a current certificate of insurance from every subcontractor before work begins, since a subcontractor's uninsured employees can become the general contractor's liability under the Worker's Disability Compensation Act.
Penalties for going without coverage
Michigan's Worker's Disability Compensation Act makes it a misdemeanor for a covered employer to fail to secure required coverage, and the state can pursue both criminal prosecution and civil remedies to collect owed compensation and penalties from a noncompliant employer (MCL 418.641). An uninsured employer also loses the liability protections the Act normally provides and can be sued directly and held personally liable for a workplace injury.
What injured workers receive
Injured workers receive necessary medical treatment with no dollar cap. Wage-loss (disability) benefits are paid at 80% of the worker's after-tax average weekly wage, which in practice runs close to 60% of gross pay, and are capped at 90% of the statewide average weekly wage regardless of how high the worker's actual earnings were. Michigan publishes an updated weekly benefit rate table each year. Permanent disability and death benefits are calculated separately under the Act's benefit schedule.
How workers' comp is bought in Michigan
Michigan is a competitive market state where our agency can compare coverage across the many private carriers writing business here. Rates and classifications are filed by the Compensation Advisory Organization of Michigan (CAOM), an independent state rating bureau rather than NCCI, and CAOM also administers Michigan's assigned risk (residual market) placement facility for employers who can't find a voluntary carrier. There is no Michigan state-run workers' comp fund. Because Michigan's coverage threshold has two different tests (hours/weeks worked vs. headcount), it's worth having an agent confirm which test applies before assuming a small or seasonal crew is exempt.
Rating bureau
Compensation Advisory Organization of Michigan
Visit CAOMMaintains its own classification system rather than using NCCI codes.
Regulator
Michigan Department of Labor and Economic Opportunity, Workers' Disability Compensation Agency
888-396-5041
Visit the regulatorCommon Michigan industries we quote
Michigan's small-business base includes contractors and trades, manufacturing and light industrial suppliers, restaurants and hospitality, salons and personal-care businesses, and professional service firms, all of which typically need coverage once they cross the state's employee thresholds.
- Auto Repair & Body Shops
- Cleaning & Janitorial Services
- Daycare & Child Care Centers
- Electrical Contractors
- General Contractors & Trades (with employees)
- Home Health Care Agencies
- Hotels & Lodging
- HVAC Contractors
- Landscaping & Lawn Care
- Light Manufacturing & Machine Shops
- Medical & Dental Offices
- Nonprofits & Churches
- Painting Contractors
- Plumbing Contractors
- Professional Offices (accounting, law, consulting, insurance, real estate)
- Restaurants & Food Service
- Retail Stores
- Salons, Barbershops & Spas
- Warehouses & Distribution
Popular class codes
Class codes describe the work your employees perform and drive how payroll is rated. Browse the groups below or search the full lookup.
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Michigan workers' comp questions
How many employees trigger workers' comp coverage in Michigan?
Coverage is required once an employer has three or more employees at any time, or one or more employees working 35+ hours per week for 13 or more consecutive weeks, whichever applies first.
Do Michigan sole proprietors need to cover themselves?
No. A sole proprietor is never considered an employee of their own business, so coverage on the owner is optional, though employees they hire still count toward the threshold.
Are Michigan LLC members automatically covered?
Yes by default. LLC manager-members are treated as employees of the LLC unless they file a proper exclusion, so coverage applies unless that paperwork is on file.
Is there a Michigan state fund for workers' comp?
No. Michigan doesn't run its own fund; coverage is placed through the private market, and CAOM administers the assigned risk facility for employers who can't find a voluntary carrier.
What happens if a Michigan employer doesn't carry required coverage?
It's a misdemeanor under the Worker's Disability Compensation Act, and the employer loses the liability protections the Act normally provides, exposing it to a direct lawsuit and personal liability for a workplace injury.
How much does an injured worker get paid in Michigan?
Generally 80% of after-tax average weekly wage, capped at 90% of the statewide average weekly wage, regardless of how high the worker's actual pay was.
Last reviewed · Reviewed by Provident Financial Group licensed agents
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One application goes out to every carrier we can access for your class of business. You get a ranked comparison you can review and purchase online — with a licensed agent available whenever you want one.
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