Jackson Workers’ Compensation Attorneys
Filing a Workers’ Compensation Claim in Mississippi
No one should have to worry about being injured on the job, but workplace accidents happen every single day in Mississippi. If you were injured at work or while carrying out any duties or activities related to your employment, you are likely covered by the state’s workers’ compensation system. Workers’ comp is a no-fault system that allows injured employees to recover monetary benefits for work-related injuries and illnesses. In exchange, employees may not sue their employers for negligence.
At , our Jackson workers’ compensation lawyers can assist you if you or someone you love was involved in an on-the-job accident or was diagnosed with a work-related medical condition. For more than four decades, our firm has been fighting for the rights of injured Mississippians, providing personalized legal attention and a results-oriented approach to securing justice.
Workers’ Compensation Eligibility in Mississippi
Most workers are covered by Mississippi’s workers’ compensation system. The state requires nearly all employers with five or more employees to have workers’ compensation insurance for all employees, including both part-time and full-time workers. In fact, when discussing who is eligible for workers’ compensation in Mississippi, it is easier to identify those who are not covered.
The law does not mandate employers to provide workers’ compensation for the following types of workers:
- Independent contractors
- Federal employees
- Domestic laborers
- Farm workers
- Certain religious employees
- Non-profit volunteers
- Maritime workers
- Sole proprietors
- Railroad workers
Note that workers’ compensation is also not mandatory for employers with fewer than five employees, though such employers may choose to voluntarily obtain workers’ comp insurance for their employees.
If you are covered by workers’ compensation, you are covered for any injury, illness, or medical condition you sustain at work, on the job, or related to your employment. This includes accident-related injuries, such as catastrophic injuries sustained in commercial vehicle accidents or workplace falls, as well as injuries and illnesses obtained during the course of your employment, such as mesothelioma due to workplace exposure to asbestos or repetitive motion injuries incurred over time. Essentially, if your injury or medical condition is related to your work in any way, and you are a covered employee, you are likely eligible for workers’ compensation benefits.
What Benefits Does Workers’ Compensation Provide?
The Mississippi workers’ compensation system provides certain monetary benefits (available in weekly payments or, sometimes, as lump-sum settlements) to eligible employees. The purpose of these benefits is to help injured workers offset the costs associated with their work-related injuries and illnesses.
In Mississippi, workers’ compensation provides the following types of benefits:
- Medical Expenses: Workers’ compensation pays for all medical expenses related to your on-the-job injury or work-related condition, including hospital and ambulance fees, costs associated with medical treatments, medications, medical equipment, rehabilitation, and transportation to and from medical appointments, among other expenses.
- Temporary Total Disability: For those who are unable to work temporarily due to their injuries or illnesses, workers’ compensation pays temporary total disability (TTD) benefits. TTD benefits are typically paid on a weekly basis at a rate of 66 2/3 percent of the worker’s average weekly wage, subject to maximum limits.
- Permanent Partial Disability: Permanent partial disability (PPD) benefits are available to qualified workers who are able to return to work but only in a limited capacity due to their work-related injuries or illnesses. Eligible injured workers can receive partial payment based on their average weekly wage rate for a maximum period of 450 weeks.
- Permanent Total Disability: If an injured worker reaches maximum medical improvement (MMI) as determined by a doctor, and they are unable to work in any capacity, meaning they have an impairment rate of 100%, they are entitled to permanent total disability (PTD) benefits.
Workers’ compensation also offers death benefits to eligible individuals who lose a loved one due to a workplace accident or work-related injury or illness. Workers’ compensation death benefits in Mississippi include biweekly payments (payable every 14 days) for a maximum period of 450 weeks, as well as an immediate lump-sum $250 payment to surviving spouses. Additionally, eligible individuals may receive up to $2,000 in funeral/burial expenses through the employer’s workers’ compensation insurance.
What to Do If You Are Injured at Work
If you are involved in an on-the-job accident or are diagnosed with a work-related injury or illness, there are several steps you should take right away to protect your health, safety, well-being, and rights.
After a workplace accident or work-related injury/illness, you should do the following:
- Seek medical attention right away; call 911 if necessary or go to the nearest emergency room, hospital, urgent care center, or doctor’s office
- Report the accident, injury, or illness to your employer within 30 days of the incident or within 30 days of discovering (being diagnosed) with the injury or illness
- Ensure that your employer files a Workers’ Compensation First Report of Injury or Illness form with the Workers’ Compensation Commission (your employer has 10 days following your report of the injury/illness to file this form)
- Contact an attorney if you experience any issues with your claim, including delayed payments, disputes from your employer, employer noncompliance, insurance coverage issues, or early termination of benefits
Once you report your injury or illness to your employer, your employer should initiate the process of starting your workers’ compensation payments. However, if your employer does not file the First Report of Injury or Illness form or causes any other issues with your claim, reach out to our workers’ compensation lawyers in Jackson at right away. We can immediately look into your case and start protecting your rights.
You Pay Nothing Unless We Recover Benefits for You
After a work-related injury or illness, you should not have to worry about paying unexpected medical bills or managing day-to-day expenses while you are out of work recovering. As a covered employee, you are entitled to workers’ compensation benefits regardless of who was at fault for your injuries and regardless of whether your employer or another party acted negligently. However, recovering your rightful benefits can be difficult without the help of an experienced workers’ compensation lawyer.
When you need help with your workers’ compensation claim in Jackson or the surrounding areas, call Mama Justice. Our firm is here to help you navigate the legal system and fight for the fair benefits you are owed. We provide free initial consultations and contingency fees, meaning you do not owe us anything unless/until we recover benefits for you.
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