Home>How Is Workers’ Comp Calculated In Mississippi?
Workers compensation insurance (or workers comp insurance) offers a safety net for medical bills and lost wages of injured workers.
These injured workers, however, are not obligated to accept anything the insurance-company offers.
A workers compensation settlement allows you to negotiate for the immediate payment of future injury benefits you may be entitled to. Sometimes a lump sum settlement is more advantageous and provides greater flexibility than a series of modest workers compensation checks.
Alternatively, if an insurer denies your claim, a settlement can be a more favorable outcome versus risking a trial to decide your benefits. There are benefits and risks to resolving your workers comp claim whether through a lump sum settlement or a structured settlement. Such settlement must be approved by a workers comp judge or hearing officer.
If your claim is contested, a workers compensation hearing or trial is risky and time-consuming. The judge or the hearing officer may give you a lesser amount for your workers compensation claim than the insurer offered to settle it for.
You are not obliged to accept a workers compensation settlement offer from your employer or its insurance carrier, nor can you compel your employer or their insurer to accept your claim.
To file for workers compensation in Mississippi, you must submit an application to the Workers Compensation Commission. The Workers Compensation Commission has a website where you could get more information, download forms, and read about procedures.
Hiring a Jackson workers compensation attorney to help you with your case is greatly beneficial. An experienced workers compensation lawyer will provide sound legal advice and let you know how workers’ comp is calculated in Mississippi. You can be confident that your legal rights are protected and that you are getting the maximum allowable benefits.
Do You Need A Lawyer To File for Workers’ Comp Benefits?
Suffering a workplace injury can put you through incredible stress. There is a lot going on at the same time when you are dealing with a workplace injury – finding out how to get funds to pay for medical treatment and to cover household expenses at the same time.
Rather than being overwhelmed, your primary focus should be on your health and recovery. Handling your situation alone is not the only option. Hiring a workers compensation attorney to represent you will provide you a higher chance of a successful claim and fair compensation.
The Rollins Law Firm can help you with your legal problem. Our workers’ comp attorneys in Jackson understand the stress that financial difficulties cause clients, and their primary goal is to relieve that stress. They can help you whether you have sustained a work injury in construction, manufacturing, health care, or any other industry. Consult our competent workers compensation lawyer now.
How Is Mississippi Workers Compensation Calculated?
The details vary by case and state, but in general, workers compensation in Jackson, MS will pay medical treatment, lost wages, vocational rehabilitation, and burial costs in the wake of a work-related death.
Medical Care Benefits
Mississippi workers comp entitles injured employees to any reasonable as well as essential medical care that is required to assist the employee in reaching their maximum level of improvement. Doctor’s visits, hospital stays, laboratory services, medical supplies, nursing services, physical therapy, and prescription medicines are all examples of covered medical care. Mileage costs for doctor’s appointments may likewise be compensated.
Mississippi workers compensation is unique in that it allows employees their own choice of physician. A treating physician may refer the employee to a specialist doctor for supplemental treatment. Every other referral requires approval from the employer’s insurance carrier.
Benefits for Temporary Total Disability (TTD)
Temporary total disability benefits are awarded to workers in Mississippi who are injured on the job and are not able to work temporarily. TTD benefits are given at two-thirds of the worker’s average weekly earnings, up to a limit set by the state.
TTD benefits can be given for up to 450 weeks, although no worker can receive more than 450 times the maximum weekly amount set by state legislation. TTD benefits are provided after a waiting period of 5 days. If the employee is disabled for 14 days or longer, they will be compensated for the 1st five days of their disability.
Benefits for Permanent Total Disability (PTD)
Permanent total disability (PTD) benefits are awarded to Mississippi employees who got injured on the job and are not able to go back to any kind of employment. PTD payments are given as a percentage of the worker’s average weekly income (66 2/3 percent) once the employee has reached their maximum medical improvement but remains permanently disabled and/or handicapped.
Employees in Mississippi who lost both arms, feet, hands, or legs are deemed completely disabled. PPD benefits “must be provided to the employee not to exceed 450 weeks or an amount larger than the multiple of 450 weeks times 66- 2/3 percent of the average weekly salary for the state,” according to the statute.
Benefits for Permanent Partial Disability (PPD)
PPD payments are given every 14 days for the course of the disability, depending on specific time limits imposed by law. Permanent partial disability benefits are awarded at 66 2/3 percent of the injured worker’s typical weekly salary, up to the limit set by Mississippi workers compensation law.
The type of the injury and its severity can influence PPD benefits. Employees who lost a leg, for example, are entitled to 175 weeks of compensation, but an injured worker who lost an arm is eligible for 200 weeks of PPD.
Benefits for Temporary Partial Disability (TPD)
Employees who have decreased earning capacity due to work injury may be eligible for TPD benefits. TPD benefits are provided at 66- 2 /3 percent of the difference between the injured employee’s average weekly salary prior to the injury and his wage-earning capacity after the injury with the same or other job, up to the state’s maximum rate.
TPD benefits cannot last more than 450 weeks or be worth more than “a multiple of 450 weeks times 66-2 /3 percent of the state’s average weekly pay.
The surviving spouse as well as certain dependents of an employee who died as a result of a work-related injury or sickness get death benefits. Death benefits are given every 14 days and can last up to 450 days after the death of the insured employee. Payments for death benefits are calculated as a percentage of the average weekly salary in Mississippi (up to a maximum amount outlined under Mississippi state law).
Burial expenses of up to $2,000 may also be covered, and the surviving spouse may be eligible for an upfront payment of $250.
Workers Compensation Lawyers in Mississippi
The most difficult aspect of a workers compensation case is the volume of paperwork you must do on top of recovering from your injuries. Many injuries need surgery, therapy, or a significant amount of time and energy to heal.
Fighting for your rights is the last thing you want to do under these circumstances. When you employ a workers compensation attorney, they will handle all of the legwork for you.
Even if you have completed all of the necessary paperwork, insurance companies and your employer may still deny your claim. With the right kind of help, you can refile those claims. However, if you do not know how to handle your case effectively, you will not only waste your own time, but you may also forfeit any prospect of compensation.
In these circumstances, an experienced workers compensation attorney is your first line of defense and they can recommend alternative courses of action for you.
Trust The Rollins Law Firm to fight for your benefits. Call us right now to schedule a consultation with one of our workers compensation attorneys!
We serve clients throughout Mississippi including those in the following localities: Madison County including Canton, Madison, and Ridgeland; Forrest County including Hattiesburg and Petal; Warren County including Vicksburg; Lauderdale County including Meridian; Harrison County including Biloxi, Gulfport, Long Beach, Pass Christian, and Saucier; Hinds County including Clinton and Jackson; Jackson County including Moss Point, Ocean Springs, and Pascagoula; and Rankin County including Brandon, Florence, and Pearl.
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