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.