Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
Sec. 356. (1) An injured employee who, at the time of the personal injury, is entitled to a rate of compensation less than 50% of the then applicable state average weekly wage as determined for the year in which the injury occurred pursuant to section 355, 1 may be entitled to an increase in benefits after 2 years of continuous disability. After 2 years of continuous disability, the employee may petition for a hearing at which the employee may present evidence that, by virtue of the employee's age, education, training, experience, or other documented evidence which would fairly reflect the employee's earning capacity, the employee's earnings would have been expected to increase. Upon presentation of this evidence, a worker's compensation magistrate may order an adjustment of the compensation rate up to 50% of the state average weekly wage for the year in which the employee's injury occurred. The adjustment of compensation, if ordered, shall be effective as of the date of the employee's petition for the hearing. The adjustments provided in this subsection shall be paid by the carrier on a weekly basis. However, the carrier, the self-insurers' security fund, and the private employer group self-insurers security fund shall be entitled to reimbursement for these payments from the second injury fund created in section 501. 2 There shall be only 1 adjustment made for an employee under this subsection.
(2) The minimum weekly benefit for death under section 321 3 shall be 50% of the state average weekly wage as determined under section 355.
(3) The minimum weekly benefit for 1 or more losses stated in section 361(2) and (3) 4 shall be 25% of the state average weekly wage as determined under section 355.
(4) There is no minimum weekly benefit for total disability under section 351. 5
(5) This section does not apply to an employee entitled to benefits under section 361(1).
Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 418. Worker's Disability Compensation § 418.356 - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-418-workers-disability-compensation/mi-comp-laws-418-356/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)