When it comes to a Mississippi worker’s comp case, the outcomes depend on several factors as unique circumstances exist with each case. The future benefits highly depend on the severity of your injury. Every case is different depending upon whether the employee reported the injury or not. How did the employers respond to the report? Whether your employer’s work comp insurance provider tries to undermine your rightful compensation or not?
If an employee suffers an injury at the workplace while performing job duties, then they are eligible to receive worker’s comp benefits. In 2019, there were around 4.6 million workplace injuries that were medically consulted. The compensation is determined after evaluating every aspect of the incident. In some concrete cases, the process of compensation calculation is rather simple.
The medical bills lost wages, and other property damages that occurred as a result of injury are calculated and compensated. However certain situations are more complex, left at the discretion of the court, or compensation is decided through negotiations with the insurance provider.
Lost earning capacity is a significant element in these cases. It is difficult to determine the exact compensation for lost earning capacity. Worker’s comp law recognizes how an injury can impact the future earning capacity of a person. For this reason, the law protects the rights of people by compensating for their losses.
Mississippi Worker’s Comp Case & Loss of Future Income:
A Mississippi worker’s comp case allows you to claim compensation for the loss of future income. Loss of earning capacity means impairment of earning capacity due to workplace injuries. If you sustained injuries at work, you may not be able to earn the income that you would have otherwise if this incident didn’t occur. The case raises concern about the injury and how it will affect the future income capacity of a person in comparison to how a person’s career would have advanced without the injury.
For instance, a police officer struck by a car suffers spinal cord injuries which prevent them from working in the future. The accident changed the future of employment for the police officer. In these scenarios, people often change their careers as they are no longer capable of continuing their existing careers due to severe injuries. It’s a complicated process to determine the accurate lost earning capacity since we estimate the future loss. The process looks simple but simply adding up the wages may not provide a clear amount as learning new skills and experience over the years leads to promotions and increased pay. Many factors are included in the calculation of future earnings.
Factors That Affect Lost Earning Capacity:
When we talk about lost earning capacity, it is impacted by many essential factors including:
- The body part(s) that is injured
- The underlying medical conditions before the injury
- Medical conditions after sustaining the injury
- Current medical situations
- Work experience
- Educational background
- Age and marital status
- Capacity to learn and perform other work including the emotional, physical, and intellectual capability
- The analysis of earnings before the injury and after the injury
- Time required to recover from the injury
- Loss of ability to do the job you were doing during the incident
- Loss of earning capacity that was initiated by the injury
- Functional and physical impairment caused by the injury
You will require supporting documents and expert witnesses to prove that your loss is caused due to a workplace injury. Hiring an experienced worker’s comp lawyer will help you in gathering evidence and documentation from employment history, financial issues, to medical records. Your lawyer will also be aware when expert witnesses are required to strengthen your claim.
Get in Touch With an Experienced Lawyer:
If you or someone you know suffered a fatal injury on the job and will not be able to fully recover from it, consult our experienced Mississippi Workers’ Compensation Lawyers. Our knowledgeable and skilled lawyers will ensure that your Mississippi worker’s comp case receives maximum compensation. It will be our responsibility to make the court and insurance provider understand the complete impact of the injury on you and your family.
By obtaining lost earning capacity compensation, you will be able to feel safe and secure. Unfortunately, insurance agencies try to dispute many aspects to undermine the claim. Our professionally trained lawyers make sure that your interests are protected. Speak to our team today to know your legal rights. We are here to help you in this difficult time; we may not be able to protect you from injuries but we aim to receive the compensation you deserve.