Receiving a fair Mississippi workers’ compensation claim is essential to cover your medical bills. After a work-related injury, you will be struggling with mounting medical bills. In 2019, around 1107 people died per 100,000 people due to work-related injuries in Mississippi whereas medically consulted injuries in the USA were 4.64 million.

Without fair worker’s compensation, you will be facing a huge financial burden. Often people make mistakes while filing a claim that results in serious consequences. You can protect your future and maximize your worker’s compensation claim through the following ways.

Report Your Injury Immediately to Maximize Your Mississippi Workers’ Compensation Claim:

No matter how insignificant you consider your work injury, you should immediately report the injury to your employer. Waiting after an injury and delaying to report will impact your Mississippi workers’ compensation claim. The more time passes the more difficult it will be for your employer and their workers’ compensation insurance provider to trust your claim.

The time allowed by each state to file for a claim varies from state to state. In Mississippi, you are given a time of two years from the date of injury to file for compensation to the commission.

Immediately Seek Medical Care:

You need to immediately consult a medical specialist and receive treatment for your injuries. Receiving prompt medical care will ensure proper documentation of your injury. Keep your medical record along with the diagnosis and treatment of the work injury, it holds substantial evidence to prove your claim.

If you delay medical consultation, your employer and the insurance provider may say that your injury is not serious. Obtain medical care right away after the injury. If your employer wants to arrange an ambulance allow it. 

Independent Medical Examinations:

An independent medical examination is usually required by the insurance provider. It isn’t the same as getting treatment from your routine doctor. A doctor chosen by the insurance provider will evaluate your health through an independent exam.

The report will be provided to the insurance provider. Make sure to attend the appointment scheduled by the insurance provider. Your claim will be denied if you fail to attend the appointment.

Appeal a Denial of Benefits:

Insurance companies can deny your legitimate claim. You can appeal the denial if you consider that the insurance provider unjustly denied your claim. The state law protects your rights by allowing you to file an appeal. You need to attend all legal meetings and court dates. Majority of the people who appealed received some benefits for worker’s compensation claims.

Your Words and Actions are Being Tracked:

Do not engage in activities that can harm your claim. The ultimate goal of insurance providers is to undermine your claim and compensate you less than what you actually deserve or completely deny your claim.

In today’s digital world, it is much easier to track people down and notice their social activities. If you are seriously injured, you can’t manage your daily tasks such as picking up your toddler, holding heavy grocery bags, or going out with friends.

Until you have been cleared by the doctor you should avoid doing such activities that can harm your claim and your health. Your insurance provider might be making a video of you while you perform such activities to deny your claim.

You should also avoid posting unnecessary information on social media. Insurance providers can easily track your social media accounts. If you fail to follow medical advice, skip therapy sessions, miss appointments or fail to appear at the hearing, it will be used against your claim. 

Be Consistent & Precise:

Tell your injury-related details precisely and consistently. You will have to repeat the facts several times in front of various doctors and insurance providers. Do not make excuses and be sincere. The specialists hired by the insurance company will look into the details of every report and will carefully review your medical records.

Everything you say will also be recorded. They will analyze every aspect of your case to find a reason to deny your compensation claim. Any pre-existing medical condition will also be analyzed to deny your claim. You should discuss any underlying medical conditions and previous injuries.

However, ensure that you never suffered any disabling symptoms that led to your current injury. Try to be specific instead of providing loose descriptions. 

Get in Touch With an Experienced Attorney:

If you or your loved ones suffered a work injury, you should immediately consult your case with an experienced workers’ compensation attorney. We have highly experienced attorneys to help you in maximizing your Mississippi workers’ compensation claim.

After being involved in an injury while performing employment duties, workers may claim a lump sum workers’ compensation settlement or enjoy receiving weekly benefits over the period. There are different views about settling a workers’ compensation case in Mississippi, whether it may or may not benefit the worker and what the worker has to sacrifice in return. Therefore, it is suggested to seek professional legal advice before going all out and filing an occupational injury claim. 

Fatal work injuries in 2019 aggregated to 59 in Mississippi, as per the reports of the U.S Bureau of Labor Statistics. It was noted that the number of work-related deaths in the state was down 24% from the 78 in 2018. Fatal occupational injuries in Mississippi have ranged from a high of 128 in 1995 and 1999 to a low of 59 in 2019. Across the nation, a total of 5,333 fatal occupational injuries were recorded in 2019, a 2% increase from the 5,250 in 2018, according to the data reported by the Census of Fatal Occupational Injuries (CFOI) program. The 5,333 fatal work-related injuries in 2019 represent the largest annual number since 2007.  

Before Seeking a Settlement in a Workers’ Compensation Case in Mississippi:

An injured worker may choose to prefer a one-time settlement over continuous weekly payouts. It is suggested to seek legal consultation before deciding to accept a lump sum payment, no matter how tempting such a payout may appear. 

You should wait until you have reached your Maximum Medical Improvement (MMI), as it makes sure that you have enough funds to afford any excess health care or additional medical treatment you may require in the future. You could end up paying for any additional medical treatment at your own expense if you settle before this point. 

Disadvantages and Risks of a Workers’ Compensation Settlement:

Choosing a workers’ compensation settlement over weekly claim benefits comes with certain risk factors:

• Keeping in view the severity of your injuries, you may be awarded compensation that you do not deserve and is very low
• Weekly benefits of the workers’ compensation case in Mississippi are discontinued once the settlement award is finalized
• Settlements in a compensation case do not consider the trauma and suffering endured by the victim
• Employees who adopted for receiving weekly benefits can reopen a personal injury claim within five years of receiving the last payment. However, employees who adopted a lump sum cannot reopen a claim once the compensation amount has been settled in full

Advantages of a Workers’ Compensation Settlement:

While there are some risks associated with choosing a final workers’ compensation settlement, there are various advantages as well. Injured employees who accept a lump sum settlement:

• Receive a tax-free final settlement
• Do not have to deal with the insurers
• Are free to seek medical assistance from doctors of their choosing
• Are free to utilize the funds received in any way they desire
• Are not subject to independent medical assessments
• Can accept a new job without risking benefits received

For some employees, these benefits may undermine any disadvantages, especially when such funds allow workers to get on with their lives and recover swiftly from their suffering. 

Negotiation Process of Workers’ Compensation Settlement:

Since a workers’ compensation settlement does not account for any physical or mental trauma, it is essential to ensure that the award is calculated in a fair and impartial way. A just settlement incorporates certain factors which are perfectly understood by experienced attorneys. In the calculation of your financial compensation award, other contributing factors should also be considered, such as:

1. Future medical treatments you may need
2. Your ongoing medical expenses
3. Lost earnings
4. Your prognosis for making a full recovery
5. Loss of future earning ability

The Settlement Must Be Approved:

Any proposed settlement award for an injured employee must be appropriately reviewed and approved by the commission before being awarded. The commission will review all proposed provisions and agreements, as well as the weekly benefits received by the injured victim compared to the total settlement payout. For approval and review, the victim’s lawyer should file a request with the commission, along with the necessary paperwork. 

About Workers’ Compensation Lawyers:

If you or your loved ones are involved in an accident or injury while performing your employment duties, pick up the phone and contact our law office today. We are a team of qualified attorneys who will represent your workers’ compensation case in Mississippi. Our customer support team will assist you in booking a free preliminary evaluation of your case. 

When our Mississippi workers comp lawyers meet with potential clients, one of the first things they’re asked is how much you receive on workers comp. A lot of people think they’re entitled to the same amount they would’ve earned had they been working. The truth is that you’ll only earn about 2/3 of what you earned prior to the accident. And you only receive replacement wages if your claim is approved. If you don’t meet the requirements for benefits, you won’t receive a dime. However, if you do what your attorney tells you to do, you’ll have a good shot at seeing your claim approved.

You Have to Qualify for Benefits First

To qualify for workers compensation benefits in Mississippi, you need must meet certain criteria. At a minimum, you have to meet the following:

• Your injury occurred on company property
• You were on the clock at the time of your accident
• You promptly reported the accident to your Human Resources department
• You agreed to submit to a drug test per company policy
• You were treated by a company approved doctor
• You complied with your doctor’s treatment plan

As long as you qualify for workers compensation benefits, you’ll start receiving your replacement wages within a couple of weeks.

You Should Receive 2/3 of Your Average Weekly Wages

If your workers comp claim is approved, you can expect to receive 2/3 of your average weekly wage. The maximum amount you can receive per week is $398.93. You also have to wait at least five (5) days for your benefits to take effect. If you end up being out of work for more than fourteen (14) days, you’ll be paid retroactively for the first five days.

You also should know that you can only receive replacement wages for a period of 450 weeks. At that point, most cases have been resolved. If not, the workers compensation commission is going to ensure that the matter is finalized. Thankfully, your Mississippi workers comp lawyer will work hard to settle your case long before this point. 

There is a Cap on How Much You Can Receive

As pointed out, the most you can receive per week is $398.93. The way this is calculated is they take the average weekly wage for people employed in Mississippi. Then they take 66 and 2/3% of that amount. As of this year, the cap is $398.93. This number could change soon. What your Mississippi workers comp lawyer is going to do is try to negotiate a settlement with your employer and their insurance company.

They’ll determine which part of your body was injured. Then they’ll determine what percent of disability you have suffered. Your attorney will arrange for you to see an independent doctor to make sure the medical opinion is fair and impartial. When you settle your case, both your replacement wages and your medical coverage will end.

You’ll Also Receive Medical Care

In addition to receiving replacement wages, you’ll also be entitled to medical care. Any medical treatment related to your work injury should be covered under worker’s comp. If you follow your company’s policy regarding reporting a workplace accident, there shouldn’t be an issue.

You also have to make sure you’re treated by a company-approved doctor. If you go to your own doctor or don’t follow up with your treatment plan, your benefits could be terminated. You need to comply with the requirements for medical care or you could risk having your claim dismissed.

If Your Claim is Denied, Call One of Our Mississippi Workers Comp Lawyers

Most workers never have to worry about filing a workers compensation claim. Depending on the kind of work you do, you may never suffer an injury on the job. For people who work in construction or a warehouse, however, it’s not uncommon to get hurt at work. If you filed your workers comp claim and it’s denied, make sure you call an experienced Mississippi workers comp lawyer.

They can put your employer and the insurance company on notice that you have retained an attorney. This way, they won’t try to take advantage of you. They also won’t try to force you to come back to work before you’re completely healed. What you should do is call and set up a time for your free, initial consultation. Let your Mississippi workers comp lawyer handle the legal side of things while you focus on getting better.

Ever since the COVID-19 pandemic started, a lot of employees have started working from home. Many companies have decided to keep things as they are. They realize it can be cheaper to let their employees work remotely. But that doesn’t mean they aren’t on the hook for work-related accidents and injuries.

If you work from home and get hurt, you should call an experienced Mississippi workers comp lawyer. Let them take a look at your case and determine how you should handle things. Just because you work from home now doesn’t mean your employer is off the hook. But just in case your employer does reject your claim, you should have a plan. That plan should involve a seasoned Mississippi workers comp lawyer. 

It Will Be Harder to Prove Your Case

Like it or not, it’s a lot harder to prove a worker’s comp claim when you work from home. It is easy to assume that remote workers spend a good portion of their day doing stuff other than work.

Even if your computer tracks your activities, that doesn’t necessarily mean you were working at the time of your injury. You could have been walking the dog and fell. You could have been in the shower and slipped. At least when you work on-site, there isn’t a question of where you were at when you got hurt.

Your Mississippi Workers Comp Lawyer Needs to Prove Your Claim

Your claim must be handled the same way as any other Mississippi workers compensation claim. Your Mississippi workers comp lawyer needs to prove the following in order for you to have a chance to get your claim approved:

• The injury took place while you were on the clock or, if you’re salary, during normal business hours
• You were actually working when the accident took place
• You weren’t under the influence of drugs or alcohol
• You were treated by a company-approved doctor

Of course, your claim will be more justified than this. However, these are the basic criteria you need to meet to even have a chance of getting your workers comp benefits.

Can You Prove that You Were Working at the Time of Your Injury?

It can be difficult for remote workers to prove that they were working at the time they got hurt. There’s nobody there to see you fall or get hurt. Nobody can say they saw what happened except maybe your family member. Even if your spouse or child did see what happened, their statement can only be taken with a grain of salt.

The insurance company will naturally assume they’re lying on your behalf. It’s doubtful that you’ll catch the incident on video even if you do have cameras in your house. The good news is that your Mississippi workers comp lawyer knows how to prove your case. They’ll use computer reports, emails, and other documentation to prove that you were doing work during the time you got hurt.

Are You Sure You’re an Employee?

One issue a lot of remote workers run into is their employer saying they weren’t legally an employee. Before COVID-19, a lot of people who worked from home were consultants or independent contractors. However, the pandemic has changed all of that.

If your employer tries to say that you weren’t an employee, call your Mississippi workers comp lawyer right away. Gather all of your paperwork so you can bring it to your lawyer’s office. Your employment papers, such as tax returns and offer letters should show what your official status was.

If you can’t show that you’re actually an employee of the company, you will not be eligible for workers comp benefits.

You Should Call an Experienced Mississippi Workers Comp Lawyer

Workers comp cases are different from regular personal injury cases. You aren’t really suing for damages. Instead, you’re pursuing a claim for workers comp benefits. Your Mississippi workers comp lawyer’s job is to get you medical treatment and replacement wages. If all goes well, you’ll receive 2/3 of your weekly wages every week. All of your medical treatment will be covered as well.

If for some reason, your claim is denied, your attorney will have to sue in workers comp. Before you worry about that, call and schedule your free, initial consultation. Sit down with someone who’s familiar with the Mississippi workers compensation laws. They’ve handled cases like yours before, so they’ll know how to best proceed. 

Even before COVID-19, there were over 10.6 million independent contractors in the United States. They actually make up for close to 7% of all working adults. Now that the pandemic has forced more people to work from home, these numbers will likely climb even higher.

If you happen to be an independent contractor, the last thing you want to do is get hurt while on the job. Unfortunately, independent contractors are not covered under workers compensation in Mississippi.

Mississippi workers compensation lawyers get calls all the time from people wanting to know if they can claim these benefits. The bottom line is that no company is going to pay for insurance to cover non-employees. They aren’t required to do so by law so there’s no way they’ll voluntarily do something like that.

But that doesn’t mean you have no options. Here, we’ll discuss the difference between an employee and an independent contractor. We’ll also explain what you’re supposed to do if you get hurt while working.

The Legal Definition of an Employee in Mississippi

Mississippi law states that independent contractors do not count as employees for workers comp purposes. According to Mississippi statute 71-5-11 (J)(14), only employees are covered under unemployment insurance and workers comp. If you aren’t quite sure if you qualify as an employee or an independent contractor, the following six (6) questions should help clarify things for you:

• What level of skill is required to do your duties?
• Who provides the work location and supplies?
• What is the length of time you have been performing your duties?
• What is the method of payment?
• Do you have a separate business of your own?
• Who has control over your job functions?

These are the questions the court will ask when determining your employment status. If they conclude that you’re an independent contractor, you will not be eligible for workers comp benefits.

Show Your Mississippi Workers Compensation Lawyer a Copy of Your Contract

Even though you aren’t entitled to workers comp benefits, your contract may provide for some other kind of liability. Some independent contractors have a contract with the company they’re doing work for. This contract may state how to handle injuries that take place on the job.

Unfortunately, the contract more than likely holds the company harmless for any injuries you suffer. Whether or not this contract will hold up in court is unclear. You need to show a copy of it to your Mississippi workers compensation lawyer. They can review the document and let you know what your options are.

You May Have a Claim in Personal Injury

While you won’t be able to file a worker’s comp claim, that doesn’t mean you have no sort of redress. Your Mississippi workers compensation lawyer may be able to help you file a personal injury lawsuit against the company instead.

It all depends on the facts of your case and how the injury took place. If the injury happened on their property, it can be treated like any other premises’ liability case. If, however, you were nowhere near their property, equipment or in their control, it may be difficult to sue. 

What you can do is call and talk to one of our Mississippi workers compensation lawyers. They can review your case like they would any other personal injury case and give you an idea of whether you have a claim for damages. 

Take Advantage of Your Free Consultation Today

If you are a freelancer or independent contractor, you aren’t going to be able to file a claim for workers comp. It doesn’t matter what state you live in. The law is very clear about who qualifies as an employee. If you get hurt while performing your job duties, you have a few options.

You can apply for disability through the state, or you can file a personal injury lawsuit. You should meet with an experienced Mississippi workers compensation lawyer right away to discuss your options.

We understand your frustration if you’ve been injured and have nowhere to turn. Unfortunately, that’s the price independent contractors pay. Employers aren’t required to cover you under workers comp. But that doesn’t mean you have no sort of recourse.

Sit down with one of our seasoned attorneys and see what your next steps should be. Your initial consultation is free, so you lose nothing by taking a meeting. Call our office and pick a date and time that works for you.