Workers’ Comp Insurance Attorney in Jackson, Mississippi
A workplace injury can happen to anyone and in any type of company. Fortunately, workers’ compensation insurance, commonly known as workers comp insurance, can help provide employees with the resources they need if they experience a work-related injury or illness.
Workers’ compensation insurance is required by law in Mississippi for any employer with five or more employees. This workers’ comp insurance policy covers:
- the expense of medical treatment for an injured employee on the job,
- lost wages because of absences from work,
- compensation for permanent disability, and, in some situations,
- job retraining for employees who are injured at work or become ill as a result of work-related conditions,
- provide death benefits such as help in paying for a funeral, if they die as a result of a work-related injury or job-related illness.
Workers’ compensation coverage may be bought voluntarily by employers to safeguard their businesses against workplace mishaps and the financial pressure of lawsuits. A workers’ compensation coverage also allows business owners to safeguard their most valuable asset – their human resources.
The Workers Compensation Commission administers the Mississippi Workers Compensation Act, which was approved by the state legislature in 1948.
Regrettably, an employer and insurance company sometimes deny legitimate workers compensation claims. Getting your workers compensation claim approved by your employer and insurance company isn’t always easy. A denial can happen at any stage along the process.
“Why hire a workers compensation lawyer if a mechanism exists to evaluate my injuries and illnesses as well as approve my claim?” Sadly, several issues could influence the result of your case, and you do not want to discover after the fact that there were measures you could have taken to improve your case.
Workers’ compensation can be a daunting and challenging set of processes, particularly for someone struggling to recover from a workplace injury or illness. Small mistakes made early in the process may have serious consequences for the result of your case; thus, it is highly recommended that you consult a workers’ compensation lawyer as soon as possible.
The Rollins Law Firm is here to help you. Our legal team will fight tirelessly to ensure that you get the just compensation you deserve.
Set up a free and confidential consultation with one of our personal injury attorneys at Rollins Law Firm.
- What’s the Difference Between a Personal Injury Claim and a Workers’ Compensation Claim?
- Who Are Eligible for Workers Compensation Benefits in Mississippi?
- What Workers’ Compensation Benefits Am I Entitled To Receive In Mississippi?
- What Should I Do If My Claim Is Denied?
- Let Rollins Law Firm Help You!
What’s the Difference Between a Personal Injury Claim and a Workers’ Compensation Claim?
The most significant distinction between a personal injury claim from a workers’ compensation claim is that a personal injury claim is focused on fault, whereas a workers’ compensation case is not.
To obtain damages from someone for a vehicle accident, a slip and fall, or any other form of personal injury claim, the other party must be negligent, which means that the other party did something wrong.
Who Are Eligible for Workers Comp Benefits in Mississippi?
In Mississippi, the majority of employees are covered by workers’ compensation insurance. There are, however, a few exceptions for workers engaged in some forms of employment. Employees working in industries listed below are not covered:
- Farms
- Non-profit organizations
- Domestic labor
- Religious groups
- Cultural groups
Some transportation and maritime employees, as well as federal employees, are covered by federal workers’ compensation statutes. Because of this, they may not be protected by Mississippi workers comp insurance. Additionally, an independent contractor is often not covered by the Mississippi workers compensation law. Subcontractor employees, on the other hand, could have some protection.
Workers’ comp insurance covers all workplace injuries and illnesses of employees, such as traumatic injuries and occupational illnesses. Traumatic injuries are those sustained by employees in a singular work-related injury, such as a fractured bone after a slip and fall. An occupational disease is an injury or illness that happens to employees over time, such as carpal tunnel syndrome, which occurs when people make a lot of repetitive movements of their hands at work, or illnesses caused by occupational exposure to hazardous chemicals (such as cancer due to asbestos exposure).
Furthermore, all of the following conditions must be met:
- You must be employed.
- You must have been injured on the job.
- Your employer must have workers’ comp insurance.
- Your job must be covered by workers’ comp.
What Workers’ Compensation Benefits Am I Entitled To Receive In Mississippi?
In Mississippi, workers’ compensation will pay medical bills for reasonable and essential medical treatment connected to your work injury, including medical examination, hospital expenses, medications, and prosthetic devices. You will also be paid for mileage incurred while traveling to and from medical visits. You will also be eligible for cash disability benefits on top of medical benefits.
Temporary Disability Benefits In Mississippi
Temporary Total Disability Benefits
If you are unable to work while recuperating from your injury, you may be eligible for temporary total disability compensation. They may be paid for up to 450 weeks, equivalent to around 66% of your average weekly wages. However, if your doctor determines that you are no longer incapacitated in the context of your employment and that you have obtained your maximum medical improvement (MMI), your benefits may be stopped sooner than expected.
Temporary Partial Disability Benefits
You may also be eligible for temporary partial disability compensation if you are able to work while recuperating, but only if the pay is less than what you were previously earning. This benefit may give up to 450 weeks of workers comp coverage for about 66% of the wage gap between your former work and your new one.
Permanent Disability Benefits in Mississippi
Permanent Total Disability Benefits
Once you have obtained MMI (maximum medical improvement), your physician will assess you to see if what you have is a permanent disability. You may be eligible for permanent total disability compensation if your injury has rendered you permanently and totally disabled. These benefits are only available for the most severe injuries, such as the loss of both hands, limbs, feet, legs, or eyes (or a combination of any of these body parts). Permanent total disability benefits are provided at the same rate as temporary total disability benefits, for up to 450 weeks.
Permanent Partial Disability Benefits
Permanent partial disability benefits are available if you have a permanent ailment but are not entirely disabled. You will get two-thirds of your average weekly pay for loss of use of particular body parts, subject to the same limit as temporary disability benefits. Mississippi’s schedule of injuries determines the duration of these benefits.
The schedule specifies the maximum number of weeks for which benefits are granted for injuries to certain body parts, such as the hands, arms, legs, feet, fingers, toes, eyes, and ears. For example, the schedule permits an injured worker to receive compensation for the total loss of the use of an arm for 200 weeks. If the worker has only suffered a 50% loss of use, the worker is eligible for 100 weeks of benefits.
Injuries that are not specified in the schedule are regarded as industrial disabilities to the body as a whole. If you are experiencing ongoing lost wages, you may be eligible for two-thirds of the gap between your pre-injury income and what you can earn following your injury. These benefits may be used for up to 450 weeks.
You may potentially get up to $5,000 if you have a major disfigurement or scars on your face or head. These benefits, however, are discretionary and will not be given until at least 1 year has elapsed after the injury.
Permanent Medical Benefits
It is important to know that Mississippi limits the reimbursement of partial wages in disability claims to 450 weeks. Because coverage for essential medical treatment is not limited, it may last for the entirety of a claimant’s life. Thus, if a person has a severe back injury that makes walking very difficult, they may be eligible for 450 weeks of disability compensation but must attend physical therapy treatments indefinitely.
What Should I Do If My Claim Is Denied?
If your claim is denied by the insurance company, you can controvert a claim with the Mississippi Workers Compensation Commission. A workers’ compensation judge will hear the case and give a written judgment. If you disagree with the judge’s decision, you will have the option to appeal it.
Let Rollins Law Firm Help You!
Although it is not a requirement, most injured workers who have contested cases hire Workers’ Compensation lawyers to represent them in the appeals proceedings. The appeals process requires a thorough understanding of workers’ compensation law and procedural rules, particularly when submitting your case at a compensation hearing. Having a Worker’s Compensation attorney on your side can significantly increase your chances of winning.
Schedule a free consultation now with our compassionate Jackson, MS personal injury attorneys to answer your questions about workers’ comp insurance and to ensure that your legal rights are protected!
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