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.