Michigan Remote Work Laws 2026

Legal Framework

Statutory Authority: Michigan Workers’ Disability Compensation Act (WDCA), MCL 418.101 et seq.

Administering Agency:
Michigan Workers’ Disability Compensation Agency (WDCA)

• Website: https://www.michigan.gov/leo/bureaus-agencies/wdca
• Phone: 888-396-5041
• Mailing Address: P.O. Box 30016, Lansing, MI 48909
• Hours: Monday – Friday, 8 a.m. – 5 p.m.

Note: This agency handles workers’ compensation claims, coverage determinations, and dispute resolution. For legal advice on coverage questions, consult a workers’ compensation attorney licensed in Michigan.

General Coverage Requirements (As Stated in Law)

According to Michigan statutes and regulations, workers’ compensation coverage is generally required for employers meeting specified criteria.

Private Employers – Coverage Generally Required For:

According to MCL 418.115, coverage is generally required for:

Three or More Employees:

• Private employers employing three or more employees at any one time
• Includes part-time employees in the count
• Coverage begins when threshold is met

Single Employee (35+ hours/week):

• Private employers with one or more employees working 35+ hours per week for 13+ weeks during the preceding 52 weeks
• Applies even if employer has fewer than three total employees

Public Employers:

• All public (government) employers must provide coverage
• Applies regardless of number of employees
• Includes state, county, municipal, and other governmental entities

Source: Michigan Workers’ Disability Compensation Act – https://www.michigan.gov/leo/bureaus-agencies/wdca

Who Counts as an “Employee”:

According to Michigan law and WDCA guidance:

• Full-time employees count
• Part-time employees count
• Temporary employees generally count
• Partners in a partnership may be considered employees
• LLC members who are also managers may be considered employees
• Sole proprietors are generally not considered employees (themselves)
• Independent contractors (if properly classified) generally do not count

Important: Worker classification is critical for coverage determinations. See Part 1 of this guide for detailed information on employee vs. independent contractor classification. Misclassification can result in coverage gaps and liability.

Exemptions and Special Cases:

According to Michigan statute, certain employers or workers may be exempt from coverage requirements under specified conditions:

Potential Exemptions (From Statute):

• Certain agricultural employers (under specified conditions related to number of employees and hours)
• Sole proprietors (for themselves)
• Partners in partnerships (may elect coverage but not required)
• Corporate officers and LLC managers (may elect to opt out under certain conditions)
• Family members working for relatives in certain circumstances
• Certain casual employees
• Other categories specified in statute MCL 418.115 and MCL 418.161

⚠️ Critical Note: Exemptions are narrowly construed and highly technical. Employers believing they are exempt should:

• File Form WC-337 (Notice of Exclusion) with Michigan LEO if claiming exemption
• Consult Workers’ Disability Compensation Agency for official determination
• Obtain legal counsel advice before operating without coverage
• Understand that operating without required coverage can result in severe penalties

Penalties for Non-Compliance:

According to Michigan statute, potential consequences for failing to maintain required coverage may include:

• Civil penalties and fines (up to $1,000 or more per violation)
• Criminal penalties in some circumstances (30 days to 6 months imprisonment)
• Court orders prohibiting hiring additional workers until coverage obtained
• Personal liability for workers’ injuries and related costs
• Back payment of premiums
• Each day without coverage may constitute a separate offense

Source: MCL 418.631

Michigan’s Workers’ Compensation System

System Structure:

Michigan operates a competitive insurance market for workers’ compensation. According to information from the Workers’ Disability Compensation Agency:

Insurance Options Available:

• Private insurance carriers licensed in Michigan
• Self-insurance (for qualified large employers meeting state requirements)
• Self-insured group programs
• Assigned Risk Pool (for employers unable to obtain coverage in voluntary market)

What this generally means:

• Employers have choice among multiple insurance carriers
• Premiums are competitive and vary by carrier
• Employers unable to obtain voluntary coverage can access assigned risk pool
• Self-insurance requires application and approval from WDCA

Source: Michigan Workers’ Disability Compensation Agency – https://www.michigan.gov/leo/bureaus-agencies/wdca

Coverage Standard: “Arising Out of and In the Course of Employment”

Legal Standard:

According to Michigan Workers’ Disability Compensation Act, coverage generally applies to injuries or illnesses that “arise out of and in the course of employment.”

Two-Part Test (As Described by Michigan Courts):

“Arising Out of” Employment:

• The injury must be causally connected to the employment
• Work must contribute to, cause, or aggravate the condition
• The employment must be more than coincidental to the injury

“In the Course of” Employment:

• The injury must occur within the time and space boundaries of employment
• Generally occurs while performing work duties or related activities
• May include activities reasonably incidental to employment

Important: Both prongs must generally be satisfied. Michigan courts have developed extensive case law interpreting these standards in various circumstances. Application to specific situations requires factual analysis and legal interpretation.

Source: Michigan case law and WDCA guidance

Remote Worker Coverage Considerations

⚠️ COMPLEX AND FACT-SPECIFIC: Coverage of home office injuries involves detailed factual analysis. The following is general background only and does NOT constitute:

• A coverage determination
• Legal advice on claim eligibility
• A prediction of coverage outcomes
• A recommendation for filing or not filing claims

Every workers’ compensation claim is unique and depends on its specific facts. Coverage determinations are made by the Michigan Workers’ Disability Compensation Agency based on complete information.

General Principles for Remote Work:

According to legal principles and WDCA guidance, workers’ compensation coverage typically applies when an injury:

• Occurs while the employee is performing work duties
• Arises from employment-related activities
• Happens within the “course of employment” even if at home

Factors That May Be Considered:

Based on Michigan case law and general principles, factors that may be relevant to coverage determinations for remote workers could include:

• Whether employee was engaged in work activity at time of injury
• Whether injury occurred in designated work area/home office
• Whether injury occurred during work hours or reasonable work time
• Whether activity was authorized, expected, or required by employer
• Whether activity furthered employer’s interests or business
• Whether injury was caused by employment conditions or personal conditions
• Nature of the employer’s control over the home work environment

⚠️ Important: This list is not exhaustive. No single factor is determinative. Actual determinations require complete factual analysis by WDCA and potentially court review.

Illustrative Scenarios (For General Understanding Only)

The following scenarios are provided for general educational purposes only. They do NOT constitute:

• Coverage determinations or predictions
• Legal advice or recommendations
• Exhaustive analysis of relevant factors
• Guarantees of coverage or non-coverage

Scenario Category: Work-Related Activities in Home Office

Example Situation 1:
An employee trips over computer cables in their designated home office while walking to retrieve work documents during normal work hours. The employer knew the employee worked from this home office and provided some of the equipment.

General Observations: This type of scenario may share some characteristics with situations that have historically been found compensable in various contexts, such as:

• Activity was work-related (retrieving work documents)
• Occurred in designated work area (home office)
• Occurred during work hours
• Employer had knowledge of work arrangement
• Injury arose from condition related to work (equipment cables)

However, coverage would depend on complete factual analysis including:

• Whether home office was formally designated by employer
• Degree of employer control or involvement in home office setup
• Whether employer provided or required the equipment involved
• Other specific circumstances
• Official determination by WDCA considering all factors

This is not a coverage determination. Actual determination would be made by Michigan Workers’ Disability Compensation Agency based on all facts and Michigan law.

Example Situation 2:
An employee develops carpal tunnel syndrome from extended computer use performing work duties remotely from home over several months.

General Observations: Occupational diseases or repetitive stress injuries may potentially be compensable under certain circumstances. Factors that may be relevant include:

• Medical evidence linking condition to work activities
• Whether condition arose primarily from work rather than non-work activities
• Whether work activities substantially contributed to condition
• Other medical and factual considerations

Determinations of occupational disease coverage typically require:

• Medical documentation and expert opinions
• Detailed work history
• Analysis of causation
• WDCA review and determination

This is general background only. Consult medical professionals for diagnosis and WDCA for coverage determinations.

Scenario Category: Personal Comfort Activities

Example Situation 3:
An employee is injured while preparing a personal meal in the kitchen during their unpaid lunch break while working from home.

General Observations: Personal comfort activities unrelated to work duties may be less likely to be considered work-related under general principles. Factors that may be relevant include:

• Whether employee was on break and relieved of all duties
• Whether kitchen is part of or separate from work area
• Whether employer expected or authorized the activity
• Whether activity was personal or work-related
• Other specific circumstances

This is general background only and not a coverage determination. Actual coverage depends on all facts and official WDCA determination.

Example Situation 4:
An employee slips on ice while walking from their house to their detached garage home office at the start of the workday.

General Observations: Travel to and from work typically follows “going and coming rule” which generally excludes coverage. However, there may be exceptions depending on factors such as:

• Whether the home office is on employer’s premises (generally no for home)
• Whether employer exercised control over the route or required travel
• Whether special circumstances exist (special errands, employer’s business)
• Other jurisdictional and factual considerations

Travel between parts of employee’s own property to reach home office may raise unique questions. This is not a determination. Consult WDCA for analysis of specific situations.

Scenario Category: Equipment-Related Injuries

Example Situation 5:
An employee is injured when an employer-provided chair collapses during work hours while employee is performing work tasks at home.

General Observations: Injuries from employer-provided equipment during work may share characteristics with situations that could potentially be compensable, such as:

• Equipment was provided by employer
• Injury occurred during work activities
• Defective equipment was work-related condition
• Activity was within course of employment

However, actual coverage determination depends on:

• Complete circumstances of how injury occurred
• Whether employee was performing work at time
• Other factual details
• WDCA review and determination

This is not a coverage determination. Each case is evaluated individually.

Every workers’ compensation claim is unique and depends on its specific facts. Coverage determinations are made by the Michigan Workers’ Disability Compensation Agency (and potentially courts on appeal) based on:

• Complete factual circumstances
• Medical evidence
• Witness statements
• Michigan statutory law and case precedent
• Official agency interpretation

For any actual injury, consult WDCA and consider legal counsel immediately.

Benefits Generally Available (From Statute)

According to Michigan Workers’ Disability Compensation Act, benefits that may be available for covered injuries include:

Medical Benefits:

• All reasonable and necessary medical care and treatment
• Includes medical, surgical, and hospital services
• May include chiropractic treatment, physical therapy, nursing care
• Prescription medications
• Medical equipment and assistive devices
• Generally no dollar limit on medical benefits

Wage Loss Benefits:

• Generally begin after 7-day waiting period
• If disability extends beyond 14 days, benefits are retroactive to day 1
• Weekly rate: Approximately 80% of after-tax wages (specific formula in statute)
• Subject to state maximum and minimum amounts
• May be temporary or permanent depending on disability

Specific Loss Benefits:

• Scheduled compensation for specific permanent losses (e.g., limb, vision, hearing)
• Set number of weeks of compensation per body part
• Paid regardless of whether wage loss exists

Vocational Rehabilitation:

• Services may be available if employee cannot return to previous work
• May include job training, education, job placement assistance
• Specific entitlement depends on circumstances

Funeral Expenses:

• Up to $6,000 for work-related death (verify current amount with WDCA)

Death Benefits:

• Weekly benefits to dependents
• Percentage of employee’s wages based on number of dependents

Note: Specific benefit amounts, formulas, and eligibility depend on injury circumstances, wages, dependents, and statutory provisions current at time of injury. Consult WDCA or claims administrator for specific benefit calculations.

Source: Michigan Workers’ Disability Compensation Act – MCL 418.301 et seq.

Employer Rights: Medical Provider Selection

First 28 Days:

According to Michigan law:

• Employer (or insurance carrier) has the right to select medical provider for first 28 days after injury
• Employee must generally see employer-selected provider during this period
• Employer must provide list of approved providers if possible

After 28 Days:

• Employee has right to choose own qualified healthcare provider
• Employee must notify employer and insurance carrier of provider change
• Provider must be qualified to treat the specific injury

Source: Michigan Workers’ Disability Compensation Act

Reporting and Claim Process (General Framework)

According to Michigan regulations, the general process typically involves:

For Employees:

1. Report Injury to Employer:

• Should report as soon as possible (within 90 days of injury)
• Can be oral or written
• Should include details of how, when, and where injury occurred
• Late reporting can affect claim

2. Seek Medical Attention:

• Get appropriate medical care for injury
• Follow employer-selected provider for first 28 days (unless emergency)
• Keep records of all treatment
• Follow medical advice and restrictions

3. File Claim with WDCA (if necessary):

• Use Form WC-117 (Employee’s Application for Mediation or Hearing)
• File if employer/insurer disputes claim or stops benefits
• Must be filed within 2 years of injury (medical benefits) or 2 years from last payment (disability benefits)
• Forms available at: https://www.michigan.gov/leo/bureaus-agencies/wdca

For Employers:

1. Report to Insurance Carrier:

• Report all work injuries to workers’ comp insurance carrier
• Report promptly (within 7 days recommended)
• Carrier will investigate and make coverage decision

2. File with WDCA:

• Employer or carrier must file certain forms with WDCA
• Form WC-100 (First Report of Injury) for injuries requiring more than 7 days off work
• Other forms as required by WDCA
• Deadlines are strict and must be followed

3. Provide Information:

• Cooperate with carrier investigation
• Provide wage information, job description, accident details
• Respond to WDCA inquiries

Source: Michigan Workers’ Disability Compensation Agency

Disputes and Hearings

If Claim is Disputed:

According to WDCA procedures, if employer/carrier denies claim or employee disagrees with decision:

Step 1 – Mediation:

• File Form WC-104A (Request for Mediation)
• WDCA will assign a mediator
• Parties attempt to resolve dispute through mediation
• Voluntary process; mediator makes recommendations but does not decide

Step 2 – Hearing:

• If mediation unsuccessful, case proceeds to formal hearing
• Hearing before Workers’ Compensation Magistrate
• Similar to court trial with evidence, witnesses, testimony
• Magistrate issues written decision

Step 3 – Appeal:

• Either party can appeal Magistrate’s decision to Appellate Commission
• Further appeals may go to Michigan Court of Appeals
• Legal representation strongly recommended for hearings and appeals

Source: Michigan Workers’ Disability Compensation Agency procedures

Best Practices for Remote Work (General Recommendations Only)

The following are general recommendations compiled from various sources and industry practices. They do NOT constitute:

• Legal requirements or mandates
• Guarantees of coverage or compliance
• Substitutes for legal counsel advice

Employers and employees may wish to consider:

For Employers:

• Develop written remote work policies and agreements
• Consider providing ergonomic guidance or equipment
• Document remote work arrangements and locations
• Develop clear injury reporting procedures for remote workers
• Provide safety training specific to home office environments
• Consider periodic review of home office setups (with employee consent)
• Maintain clear communication about work hours and expectations
• Ensure workers’ comp insurance covers remote workers (verify with carrier)
• Train supervisors on handling remote worker injuries

For Employees:

• Set up dedicated work area separate from personal living space
• Follow ergonomic best practices for computer work
• Use provided equipment properly
• Report unsafe conditions to employer
• Report injuries promptly and accurately
• Keep work area free of hazards
• Document work location and setup if requested
• Follow employer’s safety policies
• Maintain clear boundaries between work time and personal time

Note: These are general considerations only. Specific requirements and best practices may vary by employer, industry, and circumstances. Consult safety professionals and legal counsel for guidance.

Resources and Contacts

Michigan Workers’ Disability Compensation Agency:

• Website: https://www.michigan.gov/leo/bureaus-agencies/wdca
• General Information: 888-396-5041
• Claims Filing: Online through WDCA website or by mail
• FAQs: Available on WDCA website
• Forms: https://www.michigan.gov/leo/bureaus-agencies/wdca

For Legal Advice:

• Workers’ compensation attorney licensed in Michigan
• Michigan State Bar Association Lawyer Referral: 800-968-1442
• State Bar of Michigan: www.michbar.org

For Medical Treatment:

• Employer-selected provider (first 28 days)
• Your own qualified provider (after 28 days)
• Emergency care: Seek immediately, notify employer ASAP