| Injury did not happen at work | The injury did not arise out of and in the course of employment. | Strong if supported by witness statements, video, inconsistent reporting, or a credible employer account. Weaker when the injury is well documented and the worker’s account is consistent. | Consistent injury reporting, strong medical records, witness statements, job duty documentation, and accident reports. |
| Pre-existing condition | The current condition is not work-related because it existed before the job injury. | Routinely used by insurers, but often challenged successfully. Michigan workers may still have a claim when job duties aggravated, accelerated, or worsened an existing condition. | Medical evidence showing the job worsened the condition, treating physician opinions, and records showing a change after the work injury. |
| Late notice of injury | The worker failed to report the injury within the required time period. | Moderate. It can be a serious defense, but late notice may not end the claim if the employer cannot show actual prejudice from the delay. | Evidence that the employer had actual knowledge of the injury, witness support, early medical records, or proof the delay did not harm the employer’s ability to investigate. |
| Injury not serious enough to prevent work | The injury does not create a compensable disability affecting wage earning capacity. | Moderate to strong depending on the medical record. Stronger when an IME supports return to work and treating records are weak. | Strong treating physician opinions, specific work restrictions, diagnostic testing, job duty evidence, and proof of wage loss impact. |
| IME supports return to work | The insurer’s physician concluded the worker can return to full or modified duty. | Moderate. IME opinions are contestable, especially when the treating physician disagrees or the IME relies on incomplete facts. | Contrary medical opinions from the treating physician, documentation of ongoing symptoms, work restrictions, diagnostic testing, and evidence the IME overlooked key facts. |
| Insufficient medical documentation | Records are incomplete, inconsistent, or do not clearly connect the condition to work. | Moderate. Often used alongside other denial reasons. Weaker when treatment was consistent and the connection to work is otherwise clear. | Supplemental records, clarifying physician statements, consistent treatment history, diagnostic testing, and a clear explanation of gaps in care. |
| Unauthorized medical treatment | Treatment was not authorized, or the worker did not follow the doctor selection and notice rules. | Moderate. Depends on timing, notice, whether the treatment was reasonable and necessary, and whether the process was followed. | Evidence that notice was given or attempted, proof the treatment was medically necessary, records showing employer knowledge, and timing after the initial treatment-control period. |
| Independent contractor status | The worker was not an employee and is not covered by workers’ comp. | Can be strong or weak depending on the actual working relationship. The label used in a contract does not always decide the issue. | Evidence of employer control over work, schedule, tools, supervision, payment structure, and the nature of the working relationship. |
| Refusal of light duty | The worker declined available modified work consistent with medical restrictions. | Moderate. Depends heavily on whether the offered position genuinely matched the worker’s restrictions and was clearly available. | Evidence that the job did not match restrictions, was not truly available, was not clearly communicated, paid less, or conflicted with the treating doctor’s limits. |
| Misconduct or intoxication | The injury resulted from willful misconduct, intoxication, fighting, horseplay, or conduct outside the job. | Can be serious when well documented. These defenses are narrower than many workers assume because the alleged conduct must matter to why the injury happened. | Evidence disputing the allegation, showing the worker was performing job duties, challenging causation, or showing the employer’s account is incomplete or unsupported. |