Mississippi Work Injury Attorney: Employer Denies Workers’ Comp

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!