What Happens if I Get Injured or Sick While in the United States?
- Medical providers must provide emergency services, regardless of immigration status.
- Employers carry workers’ compensation insurance to cover your medical and transportation costs, related to injuries, illness, or death caused by conditions at work, regardless of your immigration status.
- Community and migrant health centers or public benefit programs may also provide free or low-cost health services. Please visit Public Benefits and Farmworker Service Providers and Common Visitors for more information.
- For non-emergency, non-work-related health services, you will need to pay out-of-pocket if you do not have health insurance.
- Some agricultural workers may be eligible for paid sick time if you or your family member is ill or requires treatment or if your place of business is closed due to a public health emergency. Please see below for more information on paid sick time and the Earned Sick Time Act (ESTA).
Workers’ Compensation
Workers’ compensation is a no-fault insurance program that requires most employers to pay employees for work-related injuries. This insurance program covers work-related injuries, illnesses, or death.
Payments can cover the following:
- medical treatment;
- permanent/partial loss damages;
- wage loss;
- vocational rehabilitation;
- burial expenses;
- death benefits for survivors; and/or
- permanent disabilities.
Workers Rights Under Workers Compensation
If you receive an injury at work which requires medical attention and which lasts for more than seven consecutive days, you have the right to:
- Receive medical care that is paid for by your employer’s worker’s compensation insurance carrier.
- Choose your doctor after 28 days.
- Receive lost wages from your employer for the days of work that you miss (or partial lost wages if your disability forces you to take a lower-paying job).
- Receive accommodation from your employer in finding a new position that accommodates your disability and/or work restrictions.
- Not pay for any of the above services, even if your employer promises you that you will be paid back.
Accessing Workers’ Compensation Coverage
- Immediately report to your employer the injury or illness and how it happened.
- Go to a doctor. Initially, your employer or employer’s insurance company can choose the doctor you see. You may see your own doctor as well, but the cost may not be covered by workers compensation insurance. Tell the doctor that you got hurt/sick at work, how it happened and all potentially related symptoms. Explain your usual work environment and duties to the doctor and, if you are not able to complete your usual work duties, ask for a work restriction note. Ask your doctor to write down your diagnosis and what follow-up treatment and appointments are needed.
- Keep detailed notes, including how you were injured, where and when you were injured, who witnessed the injury, who you reported it to, and all symptoms.
- Follow the doctor’s instructions, even if your employer tells you to do something different.
Talk to an attorney about your right to workers’ compensation insurance benefits and the steps you can take to protect your rights.
Feeling Sick? You May Be Eligible for Paid Time Off! - Earned Sick Time Act (ESTA)
The Earned Sick Time Act (ESTA) went into effect on February 21, 2025.
Employees in Michigan, who have been employed for at least 120 days, must be allowed to use earned paid sick time. For example, if you started working on 4/1/2026, then beginning 7/30/2026 you can start using the paid sick time you have already earned. Some employers may permit employees to use sick time prior to completing 120 days of employment. Also, if you worked for the same employer in another state or were rehired within 2 months, your initial employment counts toward your 120 days.
HOW DO I EARN PAID SICK TIME?
Employees earn 1 hour of paid sick time for every 30 hours of work.
For example, if you worked at least 30 hours per week since 4/1/2026 you likely would have earned 17 hours by 7/30/2026 and the more time you work, the more sick time you will earn and be eligible to use.
Employers may have policies that allow employees to earn or use more sick time, and generally employers must allow workers who have earned 72 or more hours of sick time to use at least 72 hours of paid sick time each year.
WHAT QUALIFIES AS PAID SICK TIME?
Sick time can be used for your or your family member’s mental or physical illness, injury, or health condition; including time off needed for any medical diagnosis, appointments, care, recovery, or treatment. It may also be used to obtain services related to domestic violence or sexual assault experienced by yourself or your family member. It can be used if your work closes due to a public health emergency, or if you need to care for a child whose school or place of care has been closed due to a public health emergency.
HOW DOES IT WORK?
Once you know you need to use sick time, tell your employer. Your employer cannot request documentation, unless you use more than three (3) consecutive days; cannot require you to find coverage at work while you are out; and cannot penalize you for using your earned stick time. Your employer must maintain confidentiality of your reasons for taking time off and cannot disclose the information to anyone without your permission.
WHAT ELSE SHOULD I KNOW?
Some employers may allow employees to earn or use more paid sick time than what is required by law. If you are sick from a work-based injury or illness, you may also be eligible for additional benefits under Michigan Workers’ Compensation law. Please visit our website for more information on workers’ compensation.
The content on this webpage is based on minimum requirements set forth in Michigan’s Earned Sick Time Act (ESTA) and is for informational purposes only. It does not constitute legal advice. Contact an attorney for legal advice specific to your situation or visit ESTA for more information from the Michigan Department of Labor & Economic Opportunity (LEO).
Please see ESTA Flyers for more information. This is a large PDF file that may take a minute to load.
Please see ESTA Flyers by County on specific examples in your county.
Your employer is prohibited from firing or penalizing you for exercising your rights. Call us for a free, confidential consultation if you are concerned about exercising your rights.