Stress-Related Injury Lawyer in Jackson, Mississippi
Nobody likes to be absent from work, let alone be involved in a catastrophic injury. If such things occur, you may face medical expenses and wage loss which you don’t want to happen. Luckily, you are covered by the Workers’ Compensation Act which compensates for your medical bills and wage loss. A reliable stress-related injury lawyer in Jackson can help you get the compensation you need.
Our law firm offers legal services to injured employees filing workers’ compensation claims. When it comes to such issues, our attorneys have years of experience and knowledge. Their experience in helping different individuals, like injury victims and accident victims, made them more qualified to help you.
Schedule a free consultation with us today!
Why Do I Need a Jackson Stress-Related Injury Lawyer in Mississippi?
Stress-related injuries are more complicated, especially if they are emotional or mental in nature. The burden of establishing that the injury is work-related is the most difficult challenge you will encounter in your case.
Documents Proving Relation of Injury and Workplace Condition
You’ll have to provide documents that show a relation between your illness or injury and your workplace or working condition. This may be substantiated by medical records and witness testimony. However, documentation may differ based on your injury and situation, which means that there is no absolute evidence (except for medical records and testimonies) in all workers’ comp claims.
Complex Tasks in Proving a Claim
Moreover, there will be times when employers will not cooperate with you. If you have a Jackson stress-related injury lawyer at your side, you won’t have to worry about not getting what you deserve. By having experienced lawyers, they can help you
- gather evidence,
- strengthen your case,
- provide a step-by-step guide on the process, and
- provide legal representation when you appeal your case.
At Rollins Law Firm, we want to assist every Mississippian who has been injured at work in successfully obtaining workers’ compensation benefits. That is why we have offices in several locations in Mississippi:
We only want what’s best for you. Start your workers’ comp claim process by scheduling a free consultation with us today!
What is a Stress-Related Injury?
Most individuals believe that workers’ compensation benefits are exclusively for physical injuries (such as falling or tripping, brain injury, spinal cord injury) and not for mental or emotional injuries. If this is what you believe, let us clarify: workers’ compensation covers both physical and mental/emotional injuries in the state of Mississippi.
Becoming Ill Due to Job-related Stress
Hence, workers’ compensation covers more than simply accident-related injuries. It also provides benefits to workers who become ill as a result of their jobs, particularly those who suffer from work-related mental illness.
However, the difficulty here is that mental illness cases are assessed on a case-by-case basis and might be challenging to show owing to non-physical manifestations. In addition, it will also depend on your state’s related laws on workers’ comp benefits and what conditions should be met first in order to have a mental illness claim.
What is the Mississippi Workers’ Compensation Act?
This Act, enacted in 1948, establishes a no-fault type of insurance paid for by employers that cover work-related injuries incurred by their employees. It applies to almost every working person in Mississippi, with a few exceptions, such as a business with less than five workers, independent contractors, volunteers, and others.
Workers’ Compensation Act Benefits
Of course, seeking medical treatment is not cheap. At first, you will have to pay for medical treatment out of your own pocket. However, the law recognizes that you should be compensated. As such, here are some of the common medical services that are compensated:
- Physician treatment
- Hospital and nursing care services
- Prescribe medication
- Physical therapy
- Doctor’s appointment travel expenses
- Certain rehabilitation treatment and services
- Other related expenses
There will be occasions when your injury requires you to skip work, and your income will be deducted. But, the law tries to remedy such wage loss by compensating it.
You are generally entitled to up to two-thirds of the worker’s average weekly income, although there are weekly maximum and time restrictions. In addition, all wage loss benefits must be paid at least every 14 days for the duration of the covered disability, subject to specific statutory time restrictions.
What is Physical Stress Injury?
Some individuals feel that typing on a computer is more straightforward and less hazardous than other jobs. While this is somewhat subjective, the reality remains that you can get an injury while typing.
People who are primarily in typing jobs particularly vulnerable to RSI, or repetitive strain injury, which results from the progressive accumulation of damage to muscles, tendons, and nerves caused by repetitive actions. A common rsi example is carpal tunnel syndrome.
The question is whether or not workers’ compensation covers such physical stress injuries.
It will depend on your state if such an injury is permitted. Fortunately, an injured employee of such injuries are protected in Mississippi, and you will not have to establish your employer’s negligence just so your claim will be approved.
What is Emotional/Mental Stress Injury?
It is well known that filing for workers’ compensation benefits claims on the grounds of mental illness is not that easy. This is due to the fact that physical injuries are visible and can be easily diagnosed, but mental illnesses are not that obvious.
Prevalent Emotions and Mental Injuries
In Mississippi, you are allowed to file for a mental health injury claim even without any evidence of physical injury. However, the burden of establishing that such mental damage is work-related remains.
Here are some emotional or mental injuries that can be caused by work-related stress:
- Other behavioral and psychological problems
How Can I Prove the Occurence of Mental/Emotional Injury?
As previously stated, filing a mental injury claim is extremely difficult due to the burden of proof. But what if you can’t back it up? Is this to say you have no other legal options?
Fortunately, personal injury law exists to recompense (damages) accident victims who have been hurt as a result of their employer’s negligence or reckless behavior. The burden in every personal injury case is on you to show your employer’s negligence – demonstrating that the hazardous workplace or working conditions have led to your mental injury.
Whatever you choose, it is still beneficial to have a personal injury lawyer on your side since they would know what to do. As legal professionals, they can effectively provide legal advice on what your course of action should be and give legal representation to you.
How Do I File a Workers’ Compensation Claim?
There are certain protocols that you have to follow in order to get your workers’ compensation claim. The general steps are as follows:
Inform Your Employer of Your Injury
Workers’ compensation rules require you to disclose any injuries you sustain as soon as possible. This is important since failure to do so may lead to your claim being denied. Keep in mind that the more time you wait, the more suspicious the Compensation Commission will get.
Hire a Jackson Stress-Related Injury Lawyer
If you think your case is complex, it would be beneficial for you to hire a lawyer with unparalleled experience and knowledge related to the workers’ compensation act and personal injury law. They may assist you in building and strengthening your case by advising you on what documents you should provide to demonstrate your eligibility.
In addition, if your employer refuses to cooperate or help you, you have someone who can guide you.
Submit your Workers’ Comp Claim
Every state has a prescription date for when you must file your claim. In Mississippi, you are given two years to file your claim.
In general, your employer will provide you with forms pertaining to your workers’ compensation claim. If not, consult with your accident lawyer about where to submit and what paperwork to obtain. The forms can be obtained on the Mississippi Workers’ Compensation Commission’s website.
Call our Jackson Stress-Related Injury Lawyer Now!
You will undoubtedly encounter difficulties along the way; it may be from proving your injury or handling the uncooperative behavior of an insurance company or your employer. Whatever your case, we are here to help you get the fair compensation you deserve for your workplace accident and injury.
You don’t have to walk alone. Let our law office and attorneys be at your side as you claim your benefits!
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