Mississippi workers’ compensation, as many citizens are aware of, is a no-fault-based system that provides for lost earnings and medical and health-related expenses in the event of an occupational injury. Under the Mississippi Workers’ Compensation Commission’s statutory framework, a worker should be entitled to benefits despite whose fault the injury is or what caused the injury.
While this may seem very straightforward, it can be very complex most of the time. Our clients frequently visit our offices to inquire about why their claim was denied. You still have a range of options to pursue even if your injury claim has been denied and feels like a slap in the face.
In 2019, The US Bureau of Labor Statistics reported a total of 59 occupational injuries for Mississippi. As compared to 2018, a 24% drop was observed from an aggregate of 78 fatal occupational injuries in the previous year.
Today, we will give a brief explanation regarding Mississippi workers’ compensation.
Reasons Your Claim May Be Denied:
Your claim could be denied for the following reasons.
- You are not a covered employee, because:
- You were actually not employed at the time of the injury
- You are a freelancer or an independent contractor or a sub-contractor outside the ambit of employment
- As a result of very few employees, your employer is not required to have workers’ comp
- Any other similar scenario
- Your employer or you did not timely file the claim
- Your employer claims that the damages were suffered when the employee was not performing their employment duties
- Your employer asserts that you were under influence at the time you were hurt
- Your employer may question whether you deliberately involved yourself in the particular situation to get injured and to receive benefits
- Your application for benefits had some essential information omitted
- Your employer raises the defense that the injury was pre-existing
- Unsubstantial or questionable data or information was provided by your doctor or health care professional
- You failed to receive adequate medical care subsequent to the injury
- You were either fired or laid off from your post
There are valid grounds for insurance companies and employers to deny claims at the same time while this list may seem to be a bit cumbersome. However, this list thoroughly demonstrates the fact filing a claim can be very crucial and it is highly unlikely to receive benefits without putting up a fight.
It is not necessary that a claim will always be denied if it does for the first time. We have several examples where our firm has successfully dealt with insurers and employers to work out the best compensation deal for our clients.
Not All Workers Qualify for Benefits:
Along with some exceptions, most workers are eligible to qualify for a Mississippi workers’ compensation under the scope of the law. Following are the examples of such exceptions:
- You work for an NGO
- Your employer does not meet the threshold and employs less than five people at any given time
- You are an independent contractor
- You are a farm or domestic labor employee
Your Illness or Injury Should be Covered:
You should be eligible to qualify for workers’ compensation as long as the scope of your employment has caused you the injury.
The Denial of Your Claim May Be Unjust:
You may have solid grounds for a lawsuit in case your employer has denied your workers’ compensation claim based on such reasons which are outside the scope of law and regulation. Both punitive along with compensatory damages are covered under a lawsuit of such nature.
A skilled and competent Mississippi workers’ compensation lawyer will help you establish whether the decision was made in bad faith.
The Appeal Process:
You are required to follow the underlying steps to submit an application for a denied workers’ compensation claim:
- File a Petition: To initiate the appeal process, you will need to file a petition. Be fully cognizant of the statute of limitations as you will have only two years from the date of the accident.
- Hearing: Informal negotiations with the insurance adjusters are common in such cases to resolve any given dispute.
- Continued Appeals: You may file an appeal to the Full Commission in the case where you are not satisfied with the final verdict on your case. Within 20 days of the judge’s order, you will have to file a petition to do this.
Contact Mississippi Workers’ Compensation Lawyers Today:
You may be able to get the compensation you deserve if you consult a qualified and professional Mississippi workers’ compensation attorney, who exactly knows what they are doing. Call us today to book a free-of-cost preliminary session.
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