Workplace accidents can happen at any time and to anyone, regardless of how cautious they are. If you have been injured in an accident caused by someone else’s negligence while on the job, you might be eligible to file a third-party claim for compensation alongside your workers comp benefits. 

In this blog post, we’ll explore everything that you need to know about third-party claims in workers comp cases and why it’s crucial to seek legal assistance from an experienced Jackson workers’ compensation lawyer. 

Instances of Workplace Accidents Caused by Third Parties

Third-party claims come into play when an employee is injured on the job due to someone else’s negligence. This means that if a worker gets hurt in an accident caused by a third party, they might be entitled to receive compensation from both their employer’s workers comp insurance and the responsible third party.

There are various instances where workplace accidents can be caused by third parties. For instance, if a delivery driver gets involved in an accident while making deliveries for their company, they can file a claim against the other driver who was at fault for causing the crash.

Another example of third-party involvement in workplace accidents is contractors working on construction sites. If an independent contractor causes harm to employees or visitors on-site due to inadequate safety measures or equipment malfunction, those affected parties could hold them liable for damages incurred.

Injuries caused by defective products used at work also fall under this category of workplace accidents involving third parties. For instance, if you get hurt while operating faulty machinery supplied by another company contracted with your employer, you might have grounds for filing a personal injury lawsuit against that supplier.

Regardless of what type of incident has occurred at your workplace resulting from third-party negligence, it’s essential to seek legal help from qualified attorneys experienced in handling cases like yours.

Mississippi Law Allows You to Sue the Third Party for Damages

If you’ve been injured on the job due to a third party’s negligence, Mississippi law allows you to pursue damages from that third party through what is called a third-party claim. In addition to filing a workers compensation claim, which covers medical expenses and lost wages, pursuing a third-party claim can allow you to seek additional compensation for pain and suffering.

It’s important to note that the burden of proof lies with the plaintiff in a third-party claim. This means that you will have to prove that the third party was negligent and their actions caused your injuries. This can be done by providing evidence such as witness statements or photographs.

In some cases, it may be difficult to determine who exactly is considered a “third party.” Generally speaking, anyone who is not your employer or coworker would fall into this category. For example, if you were driving for work and another driver caused an accident resulting in your injuries, they could be considered a third party.

Navigating workers compensation claims and potential lawsuits can be complex and overwhelming. That’s why it’s essential to consult with an experienced Jackson workers compensation lawyer who has knowledge of Mississippi laws regarding workplace accidents and personal injury claims.

You Can Also Pursue a Workers Comp Claim

If you have been injured on the job due to a third party’s negligence, you may be able to pursue both workers’ compensation and a personal injury claim against the responsible party.

Workers’ compensation is designed to provide benefits for employees who are injured while working. These benefits can include medical expenses, lost wages, and vocational rehabilitation services.

In addition to workers comp, if your injuries were caused by someone else’s careless or reckless actions – such as in cases of DUI accidents – you can also pursue a third-party claim for damages. This could potentially allow you to recover additional compensation beyond what is available through workers comp.

However, it’s important to keep in mind that pursuing both types of claims simultaneously can be complex. To ensure that your rights are protected and that all potential sources of recovery are explored thoroughly, it’s recommended that you seek guidance from an experienced Jackson workers compensation lawyer who has experience with third-party claims as well.

In a Third-Party Claim, You Will Have to Prove Negligence and Damages

When pursuing a third-party claim in a workers comp case, you will have to prove that the third party was negligent and caused your injuries. This means showing that they failed to take reasonable precautions or engage in safe practices, leading to the accident.

Proving negligence can be difficult and requires gathering evidence such as witness statements, surveillance footage, and expert opinions. It’s important to work with an experienced attorney who understands how to build a strong case for negligence.

In addition to proving negligence, you will also need to demonstrate damages. This includes any medical bills related to your injury as well as lost wages from time off work. An attorney can help gather documentation of these damages and calculate their total value.

It’s worth noting that if you receive compensation through a third-party claim, it may impact your workers comp benefits. Your employer or insurance company may seek reimbursement for any payments made on your behalf through the workers comp system.

You Can Seek Pain and Suffering Damages in the Third-Party Claim

If you’ve been injured at work due to the negligence of a third party, you may be able to pursue a claim for pain and suffering damages in addition to your workers compensation benefits. This can include physical pain, emotional distress, and loss of enjoyment of life.

Proving pain and suffering damages in a third-party claim can be challenging. You will need to demonstrate that the injury caused significant emotional or mental anguish as well as physical discomfort. Evidence such as medical records and testimony from mental health professionals or witnesses who observed your injuries can help support your case.

To ensure that you receive the full amount of compensation available after an accident involving a third party at work it is always recommended that you speak with an experienced Jackson workers compensation lawyer who will provide guidance on how best approach legal action against those responsible for your injury.

Let an Experienced Jackson Workers Compensation Lawyer Explain Your Legal Rights!

If you have been injured in a workplace accident caused by a third party, you deserve to know your legal rights. Pursuing a third-party claim can be complex and challenging, but with the help of an experienced Jackson workers compensation lawyer, you can get the compensation you deserve.

At our law firm, we are dedicated to helping injured workers pursue their legal rights and obtain maximum compensation for their injuries. If you need assistance with your third-party claim or any other aspect of your workers comp case, do not hesitate to contact us today.

Let us help you navigate the complexities of Mississippi’s workers comp system and fight for the justice that is rightfully yours! Call us to schedule a free case review: 601-519-4181!

An experienced Mississippi work injury attorney knows that an injured worker will be continuously under scrutiny while they are out on workers comp benefits. This is why one of our first pieces of advice to potential clients is to seek legal advice before filing a claim. Also, once your benefits are approved, you must continue to follow your lawyer’s recommendations.

Many workers mistakenly believe that once their claim is approved, they are “out in the clear”. Instead, your employer will receive constant reports from the doctor who treats you. Also, your employer will monitor you in other ways. 

The reason for this is simple. They want you back at work as soon as possible. If they can prove that you are no longer suffering the negative consequences of the injury, they can put an end to your workers comp benefits.

Mississippi Law Clarifies for How Long You Can Collect Workers Comp Benefits

The official Mississippi Workers Compensation Commission states clearly that an injured worker will receive full compensation for medical costs and replacement wages:

• For a maximum period of 450 weeks for permanent and total disability
• Depending on the nature of the injury for less than permanent and total disability.

Also, what makes our state different from other US states in terms of workers compensation rules is that injured workers can choose their own treating physician. As any Mississippi work injury attorney can tell you, this is very important.

An employer-approved doctor would understandably side with the party that pays them. While not jeopardizing their patient’s health and chances of recovery, they will do their best to declare them fit for work as quickly as possible. 

Since Mississippi does not oblige you to go to a doctor approved by your employer, it should be fairly simple to prevent getting your workers comp benefits denied or stopped.

Reasons Why Your Workers Comp Benefits May Be Stopped

Despite the more favorable conditions of the Mississippi workers compensation system, many clients contact their lawyer stating that they stopped receiving their benefits.

Upon examining the situation, the Mississippi work injury attorney finds out that the injured worker committed one of the following mistakes:

1. You Did Not Follow the Prescribed Treatment

Workers comp benefits are paid to offer injured workers the chance to heal as soon as possible and to get replacement wages. Thus, the worker should follow their doctor’s treatment and instructions to the letter.

If you experience any negative side effects from a medicine or physical therapy procedure, you should inform your doctor immediately. However, do not stop the treatment on your own. Your employer will definitely find out about this.

And their immediate conclusion will be that you are healed and you can come back for work. Thus, your workers comp benefits will stop and you will be called back to your job.

2. You Got a Referral to a Second Specialist without the Employer’s Approval

Mississippi workers comp rules state that your treating physician can refer you to a specialist without your employer’s approval once. The second time this is necessary, your employer must be notified BEFORE you go for the first appointment with the specialist.

For instance, your accident may have caused both soft tissue damage and bone fracture. Your doctor may refer you to an orthopedist to check how your fracture is healing. If you also need a referral to a pain management specialist, your employer must approve it.

If you do not follow the procedure, your workers comp benefits may stop and you will have to pay for the second specialist’s treatments out of pocket.

3. You Share Videos Showing You Involved in Physical Activities

Social media is one of your biggest enemies during the workers comp claim process and while you are out own workers comp benefits. Anything you share will somehow become accessible to your employer.

The most self-incriminating posts are those showing you doing activities that are incompatible with the injuries you claim you suffered. It does not matter if the video is older – unless it has a clear time stamp, the employer may reason that it is recent.

And, of course, as your Mississippi work injury attorney can tell you, falsely stating that you are injured represents insurance fraud. You must be aware that you will be found out sooner or later and that the financial and legal consequences are severe.

4. The Employer Reverses the Decision in Your Case

Your employer may continue to investigate your workplace accident even after you start collecting workers comp benefits. If they find a crucial piece of evidence proving that your injury is not compensable – it happened outside the work hours – they can reverse the decision.

At this point, your best choice is to talk to your Mississippi work injury attorney and file an appeal. Depending on the type of evidence in case, your lawyer will advise you if this option has any chances of success.

5. You Refuse a Light Duty Position Offered by Your Employer

In some situations, your employer may identify a less strenuous position you can fill in while you recover. This will help them reduce the amount paid as replacement wages. 

If you refuse this position, your employer can terminate your workers comp benefits and fire you. Since Mississippi is an at-will state, this can happen. Although the law states that you cannot be fired in retaliation for filing a worker’s comp claim, proving this is very difficult.

In the experience of any Mississippi work injury attorney, only a handful of such cases are successful. What you should do instead is this: start working on the light-duty position and notify your lawyer.

The lawyer can file an appeal on your behalf. Even if you do not win it, you will not have to work on the light-duty job while the case is pending. This buys you some time to further recover from your injuries.

Follow the Advice of an Experienced Mississippi Work Injury Attorney!

At Mississippi Workers’ Compensation Lawyers, we have your best interests at heart. Every Mississippi work injury attorney on our team has extensive experience and knows how to protect your rights. However, you must also follow your lawyer’s advice and refrain from doing things that would hurt your case.

You should get in touch with us as soon as possible after your workplace accident. We will evaluate your claim in a free case review and, if it is a valid one, we will win your workers comp benefits. Remember that your employer can use anything you say or do to deny your claim, so talk to a lawyer before you discuss your case with anyone else! 

One of the first questions a Mississippi work injury attorney will ask a potential client who was injured on the job is: are you an employee or an independent contractor? This is a crucial question because it will determine the legal avenue open to you. If you are an employee, then the attorney will help you file a workers’ compensation claim. If you are an independent contractor, your best choice is to file a personal injury lawsuit for negligence.

However, as any Mississippi work injury attorney will explain to you, when they are faced with a workers compensation claim, many employers conveniently start calling you an independent contractor. This will automatically absolve them from paying for your medical care costs and giving you replacement wages until you are fit to return to work. But this is not the end of the road. In fact, on many occasions, an experienced lawyer found that an employee was incorrectly classified as an independent contractor. Thus, they pursued the claim and managed to win the benefits the injured worker deserved.

What Does Mississippi Workers Comp Law Say About Independent Contractors’ Rights?

The law is very clear on this issue. According to Mississippi’s Workers Compensation Commission, independent contractors are not eligible to collect workers comp benefits. However, an independent contractor’s own employees are covered by this scheme.

This appears unfair, but the concept of an independent contractor means that you are not under an employer’s control. They cannot dictate how you perform your job, thus, they are not eligible if you suffer an injury in the course of performing your tasks.

Nonetheless, some employers abuse the term “independent contractor”. Fortunately, there is a way of finding out what your employment status truly is. 

A Mississippi Work Injury Attorney Will Apply the IRS 20-Factor Test

The Internal Revenue Service (IRS) is the top authority competent to determine if someone is an employee or an independent contractor. The federal agency has a detailed test containing no less than 20 factors that determine a person’s employment status. 

Out of all of them, these are the most relevant: 

1. Whether You Have to Follow Instructions

A Mississippi work injury lawyer will want to know how exactly you perform your daily duties. Are you given an objective and left to determine how you reach it? Or do you have to perform your tasks in a specific manner, indicated by your employer?

If you have to follow instructions, then you are reasonably under an employer’s control. Thus, you are not an independent contractor, but an employee. In this case, your employer is obliged to allow you to file your workers compensation claim and analyze it.

2. Whether You Received Job Training

An independent contractor does not receive training from individuals or companies hiring them to supply services. They are deemed to be professionals who know how to do the respective task.

If you are sent to job trainings in the course of your employment, then you are most likely an employee. For this reason, when you arrive for your free case review with a Mississippi work injury attorney, you should bring with you any proofs of job trainings, including courseware and certifications that you obtained at the end of these trainings. 

3. Whether You Use Your Own Tools and Equipment

Do you have to use your personal tools to perform your job duties or are they provided by your employer? An independent contractor will use their own equipment and tools to supply services and perform tasks. 

For this reason, if your employer is trying to get you to bring your own laptop, use your own car, etc. you must be wary of the fact that they are trying to reclassify you from employee to independent contractor.

4. How You Are Paid

An employee receives either weekly wages or monthly salary. By contrast, an independent contractor is paid per project. Thus, your pay slips will be a much stronger piece of evidence before a judge than any claims your employer makes regarding your status. Make sure to give them to the Mississippi work injury attorney, because they will also be necessary to evaluate your replacement wages.

5. Whether You Are Receiving Benefits

Any benefits apart from the payment for your work indicate that you are an employee. Thus, if your employer gives you a company car, pays into your pension fund or contributes to your healthcare insurance, they cannot claim that you are an independent contractor.

What to Do After a Workplace Injury

Do not be discouraged by the fact that your employer says that you are not eligible for workers’ comp. You should still play by the rules and do everything you can to protect your chances of winning the benefits you deserve.

This includes:

• Notifying your employer of the injury, first verbally then in writing
• Submitting to a drug and alcohol test
• Seeking medical attention as soon as possible after the accident  – do not wait until the end of your shift
• Bringing your case to an experienced Mississippi work injury attorney.

Once the attorney has stepped in to confirm your status as an employee, your employer and their insurance company will further try to find ways to deny your claim. Thus, you must not make any mistakes, such as refusing to attend the independent medical examination or seeing another doctor than the one appointed by your employer.

Let Our Workers’ Compensation Law Firm Determine Your Employment Status

Mississippi Workers’ Compensation Lawyers is a law firm dedicated to helping injured workers obtain the benefits they deserve. This is not an easy process, and it may appear even hopeless if your employer says that you are an independent contractor. But you should not take their word for it.

An experienced Mississippi work injury attorney will analyze your employment status and find out the truth. In many cases, we were able to prove that the injured worker was an employee and had the right to file a workers’ comp claim. So, do not lose hope; instead, schedule a free case review with us and find out what your legal options for recovery are.

If you are injured on the job, you deserve compensation for all medical costs, as well as replacement wages. This is the law and you believe that your employer will comply with their obligation. However, as any Mississippi workers’ comp attorney knows, this is not always the case. Many workers find that their workers’ compensation claim was denied and they have to pay for their medical care, while they are receiving no wages.

Fortunately, our state offers injured workers the opportunity to appeal a denied claim through the Mississippi Workers’ Compensation Commission. In this article, we will discuss how the appeal process works and why you should not start it without reliable legal representation. However, let’s start by explaining why a workers’ compensation claim may be denied and whether you are eligible to file a claim.

Not All Workers Are Eligible for Mississippi Workers’ Comp Benefits

Not all workers’ compensation claim denials are unfair and unjust. For instance, if you work for a small company, with less than 5 employees, your employer is not obliged by law to offer workers’ compensation coverage.

Also, there are certain categories of workers who are not eligible to claim these benefits:

• Domestic workers
• Farm workers
• Employees of non-profit, charitable, cultural, and religious organizations.

Likewise, independent contractors are not eligible for workers’ compensation benefits. However, subcontractors’ employees receive special protection. 

Why Would an Employer Deny Your Workers Compensation Claim?

Now, provided that you are eligible to file a claim, you must understand that an insurance company’s initial response is to deny a claim. This is standard procedure because they want to limit the amounts they have to pay as much as possible.

The most frequent reasons why workers’ comp claims are denied are:

• The worker failed to report the accident immediately.
• There were no witnesses to the accident.
• Initial medical tests indicate that the employee was under influence of alcohol or drugs.
• There is a discrepancy between the initial medical diagnosis and the injuries listed in the worker’s report.
• The worker fails to sign a medical authorization giving the insurance company access to their medical records.
• The worker refuses to undergo an independent medical examination.

What to Do If Your Claim Gets Denied

The first thing you must do when you get your claim denied is to contact a Mississippi work injury attorney. Bring all the relevant documents with you and sit down with an experienced lawyer for a free case review.

In most circumstances, an attorney will be able to overturn this decision and win the benefits you deserve by filing an appeal. Here is what you need to know about this process.

1. File an Appeal against the Denied Workers’ Compensation Claim

You will have to fill in and submit a Petition to Controvert to the Mississippi Workers Compensation Commission. Please note that there is a deadline for filing this appeal – two years after the date of your accident. The commission will assign a judge to hear your case. At the same time, the insurance company will receive a notification of your appeal.

They will definitely send an experienced lawyer to defend their denial. Thus, you should also have an experienced Mississippi work injury attorney by your side.

2. Attend the Hearing

In some cases, once the insurance company obtains the notification for appeal, they will agree to have informal negotiations with your attorney. If the value of your workers’ compensation claim is not too high, an experienced lawyer may be able to reach an agreement with the insurer. They will weigh the chances of winning the case against the legal costs and decide that it is cheaper to pay up.

However, if you suffered severe injuries requiring expensive treatments, the insurer will not settle. In this case, you will attend a hearing before the workers’ compensation judge. Before the hearing, both parties will have to submit a pre-hearing statement, outlining the issue and listing the evidence which will be produced.

3. Appealing the Judge’s Decision

After the hearing, the judge will analyze the evidence and will issue a decision. Both parties will receive it by mail. If the decision still upholds the denial of your workers’ compensation claim, you can file an appeal to the Full Commission. You must file this appeal within 20 days of receiving the judge’s decision.

Usually, the Full Commission will not hold another hearing. However, it may be convened, if any of the parties request it. Finally, the Full Commission will issue its decision by mail.

4. Taking Your Case to Court

If the Full Commission still denies your workers’ compensation benefits, the last legal recourse is taking the case to the Mississippi Supreme Court. You have 30 days to file an appeal against the Full Commission decision. 

At this point, the Workers’ Compensation Commission will send your records to the Supreme Court. Your Mississippi work injury attorney will prepare you for the upcoming legal process, including the deposition you will have to give before the judge.

Do Not Initiate the Appeal Process Without Legal Representation

The process above may appear simple, but it can be daunting for the average person. It is even more difficult while you are recovering from painful injuries and worry about how you will pay for your treatment.

This is why you must retain legal representation. First of all, you need to know your chances of succeeding. An experienced Mississippi workers’ comp attorney will analyze the merits of your case in a free consultation and give you a reliable legal opinion.

Our Workers’ Comp Law Firm Is Ready to Help Injured Workers Win Their Benefits

Mississippi Workers’ Compensation Lawyers is the trusted legal representative of all injured workers who need help to file and win their workers’ compensation benefits. We will analyze the reasons why your workers’ compensation claim was denied and, if you have a valid case, we will represent you during the appeal process.

Remember that there are tight deadlines to comply with during the appeal, so make sure that you bring your case to our attention as soon as possible. Call to schedule your free initial appointment with us now: 601-519-4181! 

A workplace injury is something that you believe would not happen to you. Your employer is diligent, follows all the OSHA regulations and provides you with a safe workplace. In reality, as any Mississippi work injury attorney knows, there are many workplace hazards – and they can be found even at the place of business of reputable companies.

The key problem is that worsening economic conditions determine some employers to cut corners in order to save money and protect their profits. They delay preventive maintenance on machinery and vehicles. They do not perform inspections all over the workplace to identify dangerous areas. And they tend to forget that old devices need to be replaced from time to time. All these are workplace hazards. If you happen to suffer an injury due to such a hazard a Mississippi workers compensation lawyer is ready to help you win the benefits you deserve.

Statistics Show that Mississippi Workplace Hazards Cause Many Injuries

The Bureau of Labor Statistics paints a not very happy image of the workplace safety conditions in our state. Although the general trend is a decrease in fatal workplace injuries during the last five years, 44 workers lost their lives in work related accidents in Mississippi in 2020.

The industries with most workplace hazards resulting in injuries and death are:

1. Transportation and warehousing
2. Construction
3. Repair and maintenance
4. Other services, except public administration
5. Agriculture, forestry, fishing and hunting.

These statistical data are in line with the cases we accept on behalf of injured workers who need help to file a workers’ comp claim. Most of our clients were injured on a construction site, while driving for work purposes and due to defective machinery.

Also, the statistics indicate that most of the accidents caused by workplace hazards affect experienced workers: the 45 to 54 years age group, respectively, the 55 to 64 years age groups. This shows that these accidents cannot be imputable to the workers’ inexperience. 

These Are the Most Common Workplace Hazards 

What can cause a serious accident, requiring you to stay in hospital and miss several paychecks? These are some of the most frequent reasons for filing a claim with the help of a Mississippi work injury attorney:

1. Slip and Fall Accidents

A slip and fall accident is not a trivial matter. Many people suffer severe injuries, such as bone fractures, neck injuries and head injuries after taking a bad fall. The consequences of such an accident are usually more serious if you are not wearing personal protective equipment (PPE), such as a hard hat.

If your employer failed to provide you with adequate PPE and they failed to remove workplace hazards such as slippery and wet surfaces, then an attorney will easily prove their liability and help you get wage replacement and compensation for your medical care bills.

2. Transportation Accidents

Truck drivers, couriers, and delivery staff are exposed to the risk of being involved in a severe motor vehicle accident. This is one of the workplace hazards that cause the largest number of fatal accidents. Sadly, in our state the fatality rate exceeds the national average, as the chart published by the Bureau of Labor Statistics indicates.

While a large majority of such accidents are caused by driver error, many others are imputable to the employer’s negligence, including:

• Giving drivers tight delivery deadlines and pressuring them to skip mandatory breaks
• Failing to perform maintenance and repairs on the vehicles
• Overloading the trucks beyond the maximum capacity.

If you are on the job while you suffered a traffic accident, you should contact a Mississippi workers compensation lawyer. You may be eligible for workers’ comp benefits. Since we offer you a free case review, you will not lose any money if you seek legal help.

3. Using Defective Tools and Machinery

Even a small tool, such as a soldering iron, can cause severe burn injuries if it is defective or damaged. In general, the bigger the tool, the more serious are the injuries it can cause if it malfunctions. This type of workplace hazards can be found everywhere:

• On construction sites
• In workshops
• In car repair shops
• In production facilities
• In warehouses. 

The range of injuries caused by defective tools is very large:

• Burns
• Electrical shocks
• Fractures and other types of crushing injuries.

4. Falls from Height

This is one of the workplace hazards specific to the construction industry. Many workers fall from a considerable height for various reasons, such as:

• Unsecured ladders or scaffolding
• Inadequate safety equipment
• Lack of supervision
• Lack of proper training in using safety equipment.

Most of these issues can be imputable to the employer. They have the obligation to ensure that workers are properly trained and are allowed to work at height only if they wear personal protective equipment.

5. Exposure to Electricity

Electrical shocks can be caused by various workplace hazards, such as:

• Exposed wires
• Old wiring 
• Malfunctioning machinery and vehicles

It is the employer’s duty to inspect the electrical installation and appliances and make sure that they meet all safety codes and are in proper working condition. Any danger should be signaled visibly and the defect remedied as soon as possible.

When employers fail in this duty, workers can suffer severe injuries and even lose their lives. 

6. Exposure to Chemicals and Dangerous Substances

Some workplace hazards are inherent – they are a direct consequence of the substances and materials you are working with. In this situation, an employer should follow strict safety procedures and provide all workers with adequate personal protective equipment. 

This type of hazard can result in immediate injuries (in case of accidental spillage) or in occupational diseases which are the result of long term exposure to the respective substance.

7. General Workplace Hazards

These are hazards which cannot be categorized one way or another. They have to do with inadequate training and understanding of safety procedure, and inadequate supervision. 

These are some of the more difficult cases to win, as employers will generally blame the injured worker for negligence resulting in their accident. However, an experienced Mississippi workers compensation lawyer will be able to ascertain the actual circumstances of your workplace accident and help you file a claim successfully.

No Matter How You Were Injured, Trust an Experienced Workers Comp Law Firm

At Mississippi Workers’ Compensation Lawyer you will find a multidisciplinary team of attorneys and case specialists who will give you the best legal advice. We will analyze the circumstances of your accident, identify any workplace hazards and make sure that your workers comp claim is solid.

Do not let your employer persuade you that you don’t have the right to file a claim. Schedule a free case review with us and let us protect your rights: 601-519-4181! 

In Mississippi, employers with five or more employees must carry worker’s compensation insurance mandatorily. 

Like many other states, Mississippi is a no-fault state. This means the employer must compensate the employees for the injuries (sustained on the job) irrespective of who was at fault in the accident. The compensation includes medical bills, lost wages, death, permanent impairment, and more. 

However, there are certain conditions under which these benefits come into play. Your workers’ compensation lawyer in Mississippi will help you understand the laws better. But let’s have a quick look at some of them.

Which employees are eligible for Mississippi worker’s compensation benefits?

Mostly all employees except these are covered under Mississippi worker’s compensation:

• Farm workers
• Domestic workers
• Employees who work for non-profit organizations, religious and cultural organization
• Certain federal employees, transportation and maritime employees are covered under federal compensation laws
• Independent contractors 

All other employees are covered under worker’s compensation benefits from the very first day of their employment. Employers in Mississippi also have the choice to self-insure themselves subject to certain rules and regulations. 

What does Mississippi worker’s compensation cover?

Any injury, slight or serious, is covered under worker’s compensation if it arises during the scope of employment. Occupational diseases are also covered, along with work-related deaths. 

Such injuries may include one-time injuries like fractures from slip and fall, carpel tunnel syndrome through repeated work movements, or illnesses developed from inhaling toxic substances like asbestos. 

What should the worker do when injured at work in Mississippi?

After being injured at work, the first step is to inform your supervisor (or any suitable person designated by the employer). The injury report should be given as soon as possible, within 30 days, or at best, within 48 hours. 

The employer then prepares the report for your injury and notifies the insurance company or worker’s compensation commission. 

If the employee does not report the injuries within two years from the date of injury, the right to seek compensation from the employer or carrier is lost. 

Can you seek treatment from a doctor of your own choice in Mississippi worker’s compensation?

Yes, in Mississippi, injured workers can get treatment from the doctor of their own choice. However, you can only seek one specialist without approval from the insurance company. Any change of doctor or referral will thereafter need the approval of the insurance company. 

What benefits are available as part of Mississippi worker’s compensation?

Depending on the severity of the injuries, workers are entitled to receive all costs of hospital bills, prescriptions, prosthetic device expenses, and even mileage reimbursement expenses as part of the benefits. 

There are mainly two types of benefits offered:

• Medical benefits: All the medical benefits are subject to the minimum and maximum amount of benefit available. This amount is calculated based on the worker’s pay scale and average weekly wage. For instance, the current rates are effective from July 1, 2022. The mileage rates are capped at $625. This amount changes every year or every six months. 
• Wage loss benefits: The minimum wage loss benefits are $25, while the maximum weekly benefit is capped at $551.02. If the worker is diagnosed with a lifetime disability, the maximum lifetime disability benefit cannot exceed $247,959. 

The wage loss benefits are received based on the type of disability a worker is diagnosed with. These can be:

• Temporary disability benefit

An injury is termed a temporary disability when the injured worker is likely to return to work after a certain day off. For the time being, he will be entitled to receive 2/3rd of the average weekly wage as wage loss. 

This benefit will continue until you return to work or until the doctor gives a Maximum Medical Improvement remark. If neither has happened, the benefits will continue for 450 weeks maximum. 

• Permanent disability benefit

If your injuries are healed but have left you with a permanent disability after being remarked with MMI, the worker will be entitled to receive a permanent disability benefit. 

These benefits are available for most serious injuries like loss of two body parts (arms, hands, legs, feet, or eyes). These benefits are also paid for a maximum of 450 weeks of a similar amount as Temporary disability benefits. 

• Permanent partial disability benefit

This is when lifetime disability benefits come into place. However, these benefits are not offered unless you have suffered from the injury for at least one year. 

The benefits also vary depending on the severity of the injury. If the worker has a 50% loss of use of one or both limbs, the benefit lasts for 100 weeks, while in case of a 100% loss, the events will last for 200 weeks, subject to maximum limits. 

In case of any queries or yours is a special case, it will be best to consult a worker’s compensation attorney in Mississippi. Such an attorney understands the ins and outs of laws well and explains them clearly. 

What if my worker’s comp claim is denied in Mississippi?

If the insurance company denies your claim, the injured worker must first seek the help of the Claims Representative of the Mississippi worker’s compensation commission. The hearing will be conducted by the Commission before a worker’s comp judge. The judge will issue a written decision after the court hearing. 

If you are unsatisfied with the decision, you can appeal the decision by taking the help of a worker’s compensation attorney. Talk with an expert Mississippi workers’ compensation attorney today to learn more.

Yes, as per the Worker’s Comp laws in Mississippi, worker’s compensation should be available from your employer in Jackson, MS. 

Any employer is legally bound by law to carry a worker’s compensation. However, if an employer is not found carrying a workers’ compensation, it must be reported to the Worker’s Compensation Commission with the help of employment lawyers in Jackson, MS. 

Does worker’s compensation protect you in Jackson, MS?

Mostly all Mississippian workers are protected by worker’s compensation in Jackson, MS, with a few exceptions. A worker’s compensation protects you except if you are working under such an employer:

• An employer that has less than five regular employees working within the company
• If you are employed as domestic or farm labor
• If you are an employee employed in a non-profit fraternal, religious or cultural organization or charitable organization
• If you are a federal employee 
• If you are an employee in certain transportation and maritime employments covered under federal compensation laws

Some of the exempted employers can still choose to carry voluntary worker’s compensation insurance. 

How to claim the worker’s comp from my employer in Jackson, MS?

There are certain requirements you need to fulfill to be able to claim worker’s compensation from your employer. The first thing is to inform the supervisor about your injuries as soon as possible. 

Thereafter, the employer prepares your injury report and sends it to the insurance company and/or Worker’s Compensation Commission. 

The statute of limitation states that the injured employee should notify the employer of his injuries within 30 days of the date of injury. 

Also, the injured worker has the right to file the claim with the Commission within two years from the date of injury if proper disability benefits weren’t granted. 

Also, strict deterrents are placed against the employer who tries to misinterpret the facts or willfully tries to withhold the right to payment to the employee. In such an event, they will be found guilty of a felony and punished with a fine of up to $5000 or double the value of the fraud, whichever is greater. It may also lead to imprisonment of up to 3 years. 

What worker’s comp benefits are available from my employer in Jackson, MS?

If you are a worker in Jackson and got injured while on the job, you are entitled to receive two benefits: medical and wage loss. 

If such a worker dies due to injuries, the dependents and the surviving spouse are entitled to death benefits.

• Medical benefits

In Jackson, MS, the injured worker is entitled to receive maximum possible medical benefits, including hospital services, medication fees, physical therapy, crutches, or any other medical service covered as needed. 

Mileage expenses reimbursement is also provided subject to mileage rates. From 1st July 2022, the rate is set at $0.625. 

You can also receive rehabilitation services, i.e., learn skills that will help in returning to the previous job or finding a new one. 

• Wage loss benefits

If the injured worker cannot return to work due to the injuries, they are entitled to wage loss benefits. They are entitled to receive at least 2/3rd of the average weekly wage subject to minimum and maximum wage rates. The minimum rate that a worker is entitled to receive is $25, whereas the wage loss benefits cannot exceed $551 per week for the current year. 

The maximum wage loss benefits change every year. 

The wage loss benefits are provided as per the type of your disability. If your injuries are regarded as temporary disability, i.e., where the injured is still under the doctor’s care and isn’t able to return to work for a while, and such injury lasts for 14 days, you will be paid benefits after the first 5 days from the date of injury. 

If the authorized doctor confirms that the injuries have reached their maximum possible improvement and are further described as permanent disability, the wage loss benefits will be provided every 14 days as long as the disability continues. However, the maximum lifetime disability benefit cannot exceed $247,959. 

• Death benefits

The worker’s compensation law also assures the death benefits to the surviving dependents of the deceased injured worker. 

The benefits are given every 14 days and continue up to 450 weeks starting from the worker’s death. The benefits will also vary depending on the average weekly wage of the deceased worker. 

Also, the employer or the insurance company is entitled to pay funeral expenses up to $5000 and a lump sum of $1000 to the surviving spouse.

Do you need to hire a worker’s compensation attorney in Jackson, MS?

There are rare instances where you will need to hire a worker’s compensation attorney in Jackson, per the Worker’s Compensation Commission. The Commission has its own Claims Representative that helps resolve disputes regarding workers’ comp claims. 

However, it also does not prohibit anyone from hiring one. You can consult, discuss and hire an attorney if the injured workers feel the need. Like in every other state, the attorney in Jackson is paid by retaining the portion of the compensation amount received. 

If the case is still pending before the Commission, the attorney cannot retain more than 25% of the compensation paid to the injured worker. However, if the claim is appealed to the law i.e. a worker’s compensation lawsuit is filed in the court of law, the attorney will be entitled to receive 33 1/3% of the total compensation received. 

If you have a problem getting your worker’s compensation claim from your employer, you can contact the Mississippi worker’s compensation commission at 601-987-4200 and ask for the Claims Representative. 

How pays the worker’s compensation benefits?

The injured worker’s employer pays the worker’s compensation benefits with the help of worker’s compensation insurance. Each employer must carry a valid worker’s compensation insurance from a recognized insurance carrier in Jackson, MS.

Worker’s Compensation Commission in Jackson, MS, is only responsible for supervising and monitoring the payments, disputes, and other related issues. 

Worker’s compensation benefits in Jack, MS, are not taxable. Also, no employer should ask his employees to contribute to the worker’s compensation. They are not allowed to make any deductions for such funds from the employee’s salary. 

In the same pretext, The Worker’s Compensation Facts state, “Any employee receiving [medical] treatment or service under the [Workers’ Compensation Law] may not be held responsible for any charge for such treatment or service, and no doctor, hospital or other recognized medical provider shall attempt to bill, charge or otherwise collect from the employee any amount greater than or in excess of the amount paid by the employer, if self-insured, or its workers’ compensation carrier.”

To learn more about worker’s compensation, contact a personal injury attorney in Jackson, MS. 

To begin with, you should clearly understand what qualifies as a workplace injury in Jackson, according to Mississippi laws.

In legal terms– “a workplace injury is any harm or illness arising contributed or significantly aggravated by events or exposures in the work environment.”

In simple terms, a slip and fall accident on the floor of your office can be a workplace injury if the floor is wet and there is no warning sign. On the other hand, the same accident, if caused due to your loss of balance on your heels, doesn’t qualify as a workplace accident. So, what qualifies and what doesn’t? Take the help of a Jackson workers compensation lawyer to clear your doubts. 

Are Workplace Injuries Common in Jackson?

According to the latest reports, incidents of fatal workplace injury are decreasing, whereas the overall frequency of workplace injury remains high in Mississippi. They are significant numbers of workplace injuries in Jackson. The most common types of accidents involve:

• Slips, trips, and falls
• Muscle injuries due to overexertion
• Injuries caused to malfunctioning machines
• Burns due to explosions or electrical malfunction
• Degenerative diseases due to exposure to toxic chemicals

Immediate Steps to Take After a Workplace Injury in Jackson, MS

There is an initial check that you must do before moving on with the steps below. You must first identify whether your injury is a workplace injury or not.

Ask yourself the following questions:

• Did you get injured during your work hours?
• Did the incident happen in your workplace?
• Did you get injured while carrying out your job-related task?
• Did you have any contribution to the accident?

Once you have clearly understood your situation and determined that it indeed is a workplace injury, take the following steps immediately:

Seek Medical Help

This is the first step that you must take if you get injured at your workplace. Do not rely on others (even your employer) to take care of it for you. This applies to major and minor injuries both. Do not assume that the injury will heal on its own and neglect it deliberately. Seek medical help from a doctor who can also provide you with necessary documents that state your medical condition and required recovery time.

Inform Your Employer

This is a necessary step that needs to be taken within a defined time frame: you must inform your employer within 30 days of your injury (i.e., the date of the accident). Once done, your employer is liable to take responsibility for your injuries. Your employer must contact their insurance company for employees and take care of your medical expenses.

Seek Compensation

Mississippi has a comprehensive set of laws on worker’s compensation in case of workplace injuries. You need to know your compensation rights and ensure that your employer is covering for you accordingly. In most cases, workers are eligible to recover their lost wages during healing.

According to Mississippi law, if your recovery period is more than 21 days (as stated by your doctor after investigation), you are eligible to gain compensation for lost wages. Seeking proper and rightful compensation from your employer is an important step that should not be delayed.

If steps 2 and 3 do not work out, you can take the following measures:

File for Compensation on Your Own

This is in case your employer is negligent and denies taking responsibility for your injury. You can file for your compensation on your own by filling in the first report of injury at the Worker’s Compensation Commission of Mississippi. The commission then employs a claims representative for your case and processes your plea such that you get your rightful compensation.

Gather Evidence

To ensure your plea is not rejected, it is important to be detailed about the incident. You must provide all the information regarding your job, your employer, and the incident to the commission. It is best to have some evidence to prove it was a workplace injury. If you have any colleagues who witnessed the incident or any relevant photographs or recordings from the site, it will strengthen your cause.

Seek Legal Advice

Generally, the commission provides a claims representative for your case. However, you are free to hire a legal attorney for yourself. This is highly recommended to prevent the dismissal of your plea by the commission. An experienced attorney will be able to guide you through the details of the legal process and increase your odds.

What Costs Can Be Recovered Due to a Workplace Injury in Jackson, MS?

In any way you receive your compensation: from your employer, commission, or through trial, you should be aware of the nature of compensations provided for workplace injuries in Jackson, MS.

Medical Expenses

All necessary medical expenses related to the injury are covered. In addition, the doctor’s fee is also covered. In certain cases, the doctor’s transportation mileage is covered during home visits. If you need to hire house help during your rehabilitation period, the costs are covered for it. Future medical expenses related to the injury may also be covered if further treatment is required.

Loss of Wages

Wages lost during your rehabilitation are compensated. There is a cap on the maximum amount of wages that can be recovered. Usually, this compensation is calculated based on your weekly/daily wage a week before your injury. This compensation is continued if recovery takes longer than 21 days (in case of temporary disability) and further (in case of permanent disability).

In Case of Death

In case of a fatal workplace injury, all the funeral costs are covered, in addition to a lump-sum compensation of $1,000 to the spouse. The Workers’ Compensation Law mandates compensatory payment to the surviving members of the immediate family for up to 450 weeks after the descendant’s death.

Things to Remember if You Suffer from a Workplace Injury

Here are some important laws you should be aware of if you suffer a workplace injury.

Your Employer Must have Insurance for Employees

According to Miss. Code Ann. § 71-3-85, every employer (with more than four employees) must have valid insurance for employees filed through e National Council on Compensation Insurance’s Proof of Coverage System. Thus, your employer’s insurance should cover your compensation in the first place.

Statute of Limitations by Mississippi State Law

Breach of this statute of limitations may invalidate your plea for compensation. It is very important to keep these timelines in mind-

• You must inform your employer about the injury within 30 days of the accident
• Your employer must inform their insurance vendor within 7 days of knowledge
• You must seek medical help within 2 years of the injury

With this informative guide, you are now set to deal with workplace injury incidents without giving up on your rightful compensation. If you feel stuck and unsure where to go, consult a personal injury lawyer in Jackson. 

In the year 1948, the Legislature implemented a “workers compensation law” in the interests of employees to provide them with a provision that enables them to recover medical costs or lost wages in case of an occupational injury, commonly known as a workplace injury. 

By 1949, every state in the US had enacted this law. However, this rule has different thresholds across different states in the US, which means that the specificities of this law differ depending on your work location. Overall this law mandates the following-

• All employers of businesses having more than four employees need to have a workers’ compensation insurance plan in place.
• All employers must cover payments for medical treatments for employees who suffer from workplace injuries or illnesses due to the workplace environment.
• All employers must provide indemnity, the partial replacement of lost wages of an injured or ill worker suffering from the workplace injury.
• All employers must provide financial compensation to workers who develop a physical disability, which may affect their future working capability due to workplace injuries.
• All employers must provide coverage of funeral costs in case of the death of a worker due to workplace injuries.

It is important to note that this is a “no-fault” law, meaning that the employee does not need to legally prove that the employer was at fault for their workplace injury. In any case, the employee rightfully deserves the financial compensation without proving fault. Workers compensation lawyers Jackson can help you better handle the situation.

Who Can Benefit from Workers Compensation in Jackson, MS?

In Mississippi, most workers are covered under this workers’ compensation law. However, there are a few exceptions that you need to be aware of:

• Employees working in non-profit organizations related to fraternities, charities, or religious organizations are not covered by this law. However, they can claim compensation if their employee voluntarily provides the same.
• Employees working as laborers in the domestic and farm industry.
• Independent contractors, such as independent real estate agents, are not covered via this compensation.
• Federal employees are not covered by this compensation law but by the federal compensation laws.
• Certain transportation and maritime employees are also not covered under this law.
• Finally, if you are employed in an enterprise with less than 5 employees, your employer is legally not bound to provide workers compensation. However, your employer may voluntarily opt for purchasing worker’s insurance.

When Do You Need Workers’ Compensation?

Workplace injuries are more common than one can reckon. In 2020, there were 2.7 million workplace injuries reported by employers, with a fatality rate of 3.4 among 100,000 workers. Although this rate is low, it is not insignificant. In the US, 90% of all workplace injuries result from overexertion at work, followed by falls, trips, and slips. You can claim workers’ compensation if you find yourself in any of the following situations-

• If you find yourself suffering from any injury, no matter the magnitude of the injury,
• If you face an accident in your workplace or while conducting tasks related to your work within the working hours.
• If you develop any physical impairment or disability that hinders your working capability in the future.
• If you notice deterioration in your health and development of long-term diseases due to unhygienic or hazardous working conditions.

How to File for Workers Compensation?

In case you are in a situation that demands compensation based on the abovementioned legal definitions, you can take the following steps-

• The first and foremost step to take is to inform your employer. You must report your condition within 30 days of the infliction of the injury to your employer, and this is mandated by the “statute of limitations” of the workers’ compensation law in Mississippi. This statute of limitations implies that any report that breaches this limitation will not be considered.
• If your employer is responsive, they need to inform their insurance company within 7 days of becoming aware of the situation. This time limit is also legally indicated and should be followed without fail.
• If your employer is unresponsive or unwilling to file for compensation with their insurance company, you can go overhead and file for your compensation individually. This should be done at the Workers Compensation Commission of Mississippi. The same time limit of 30 days applies for individual applications as well.
• If you are not visibly injured but feel unwell, it is recommended to seek medical advice and get all the prescribed tests done. In case the tests reveal that your health is deteriorating due to exposure to harmful substances such as asbestos, lead etc., at your workplace, you can file for compensation individually within 2 years of the medical diagnosis. If your employer is responsive to the situation, the same statute of limitation of 30 days applies to the filing.

How is the Compensation Amount Calculated?

Under the workers compensation law, there are two major compensation types, i.e. the medical expenses and the loss of wages, which are differently calculated depending on multiple variables. However, the overall considerations for calculating the compensation amount are as follows-

• Medical compensation

Medical compensation covers all the treatments for the injury and the doctor’s fees. In some cases, rehabilitation fees are also covered. Medical compensation is provided irrespective of the days of work missed after the injury.

• Recovery of loss of wages

If the injury deters the worker from returning to work for less than 14 days, wage loss for the first five days is not recovered. This is known as the “5-day waiting period”. However, if the recovery period is longer than 14 days, the wages are covered for the total period of recovery. During this period, the wages to be paid are generally two-thirds of the workers’ average weekly wage prior to the injury, with a maximum benefit cap of $449.12 per week. The details of this rate of compensation are available here.

Which is the Governing Body for Worker’s Compensation in Jackson, MS?

If you are a worker based in Jackson, MS, the Workers Compensation Commission of Mississippi overlooks all the decisions made with regard to workers’ compensation laws in every area of the state. You can avail their official website for the following issues and procedures involved in your workers’ compensation-

• Filing for your compensation through the “First Report of Injury”
• You can enquire about and verify your coverage requirements
• Medical fee schedule which details the fee structure and coverage for medical bills and is categorized based on coverage rates of each year, which often keep changing
• To compute your lump sum compensation that you can claim based on your situation.
• To electrically transmit all your documents to the jurisdiction through the ATOS portal.

Things to Consider While Filing for a Workers Compensation.

Even though the workers’ compensation law is a “no-fault” law, it is a punishable offense to make false claims to avail the insurance. Additionally, the benefits will not be provided if the worker is under drug or alcohol influence during the accident.

Thus, it all depends upon your understanding of the law and how you use your skills to serve the purpose. Contact Jackson personal injury attorney to make the best achievable claim smoothly.