If you suffer from an injury at work, you may be entitled to benefits under Mississippi workers’ compensation laws. These laws require that employers provide medical care and other benefits to employees who suffer from work-related injuries. However, insurance companies often try to deny these benefits. That is where the workers’ compensation lawyers at Richard Schwartz & Associates can help.
Do You Need Help Filing A Workers’ Compensation Claim in Jackson, MS?
According to the Mississippi Workers’ Compensation Commission, in 2021, employees filed 10,980 workers’ compensation claims in Mississippi. When a worker suffers from work-related injuries, Mississippi law requires specific compensation. However, many employers and insurance carriers will fight to deny or minimize claims despite the legislation. As a result, employers and insurance companies have the upper hand unless you hire an experienced personal injury law firm to represent you.
The Jackson workers’ compensation lawyers at Richard Schwartz & Associates Injury Lawyers, P.A. understand the problems employees and their families face when a disability or death occurs due to job-related injuries. Our attorneys know the Mississippi worker’s compensation laws and will work hard to get you the benefits you deserve.
Our Jackson MS attorneys have handled thousands of workers’ compensation cases for various injuries and illnesses. With over 40 years of experience, we have the knowledge to help you in your time of need.
Our attorneys are not afraid to battle an insurance company or employer on your behalf to ensure that you receive the support and benefits you deserve. Many cases resolve through settlement, but your workers’ compensation attorney will take your case to trial to get you what you deserve if necessary.
Workers’ Compensation FAQs
What Does Workers’ Compensation Cover?
We strive to ensure that those who suffer workplace injuries qualify for payment of medical services and supplies, lost wages, rehabilitation services, and, in the event of loss of life, death benefits to the surviving spouse and dependent children.
Medical services covered by the insurance include treatment by physicians, hospital and nursing services, medicine, physical therapy, mileage for out-of-town doctor’s appointments, and related expenses. The employer’s insurance company pays the health care providers directly for their services. Therefore, the employer or injured worker does not have to pay a deductible under workers’ compensation insurance.
What is the Mississippi Workers’ Compensation Act?
Workplace injuries and workers’ compensation claims are not uncommon. However, because job-related accidents are so disruptive to the workplace, legislators created the Mississippi workers’ compensation law to protect employees and their families from financial devastation due to the accident. Medical expenses, doctor visit costs, and missed income are examples of this category.
Mississippi law requires workers’ compensation coverage for every business with five or more employees. This coverage applies to most working Mississippians; however, exceptions include companies with less than five employees, independent contractors, volunteers, and others. Workers’ compensation insurance is available to employers with fewer than five workers; however, they do not have an obligation to provide the benefit.
You are eligible for workers’ compensation benefits upon employment without a probationary period or minimum salary level, as long as your employer provides the benefit.
What Steps Should I Take If Experience an Injury at Work?
To ensure payment, you must promptly report your injuries if you experience an injury at work. The actions you should take are listed below.
- Notify your supervisor about the accident or illness.
- Seek medical help as soon as possible.
- Hire an attorney to assist you.
You cannot sue your employer after a work-related injury since the workers’ compensation is your sole recourse for a work related injury. However, if your employer violates your rights, it’s critical to get legal advice from a Jackson, MS, workers’ compensation lawyer to secure your interests and advise you appropriately.
Never ignore an injury, no matter how minor it seems. Some injuries, for example, might take days to manifest fully but can develop into an enormous issue over time.
What Are Common Types of Work Accidents in Jackson, Mississippi?
Workplace accidents are not the same for everyone. However, according to past National Safety Council studies, exposure to harmful substances, overexertion, falls, and slips are the top occupational injuries that cause people to miss work.
Below are some common causes of workplace accidents and injuries.
Overexertion
The second most common cause of on-the-job injuries is overexertion. Overexertion can result from a single incident or from repetitive tasks over time. Lifting, pushing, pulling, holding, or transporting things as part of one’s job are all frequent causes of overexertion injuries. These problems can result in severe discomfort, medical expenses, physical treatment, and lost time at work.
Lifting heavy weights without adequate protection can result in muscle and tendon damage or joint displacement in severe situations. While the consequences of the accident might differ depending on the degree of harm, hospitalization and rehabilitation time are always costly.
Slip and Falls
Slip and falls are among the most common workplace injuries. Inadequate lighting, faulty elevators, slick floors, uneven surfaces, clogged and poorly-lit corridors are hazards that put employees at risk of injuries from falls and slips. Workers’ compensation insurance should cover medical expenditures and any wage loss.
Falls From Heights
Falls from heights are one of the top reasons for workplace fatalities. Therefore, employers should provide workers with the necessary safety equipment and training to minimize the risk of fall-related injuries.
Contact With Objects or Equipment
Falling objects or equipment are frequently to blame for work injuries. Minor abrasions, deep wounds, and severe fractures are all possible outcomes of being struck by a falling or moving object.
Motor Vehicle Accidents
Workers’ compensation insurance covers motor vehicle accidents while conducting business duties, whether on the job site or the road.
Fires and Explosions
Workers are at risk of fire hazards due to faulty gas lines, mishandling of combustible materials, and other factors. Fire injuries can be fatal, especially when employees are caught up in the explosions or trapped inside buildings. Nonetheless, workers’ compensation coverage is available despite the severity of the damage.
The Mississippi legislation covers numerous types of work-related injuries. Check your employment contract or seek legal counsel if you have had an incident at work.
It is crucial to understand your rights under Mississippi’s workers’ compensation laws when accidents happen. Richard Schwartz & Associates Jackson, MS, workers’ compensation lawyers have 40 years of experience helping injured workers.
What are Injuries Covered by Mississippi Workers’ Compensation?
Mississippi has several laws to protect employees who suffer from injury or illness at work. In addition, workers’ compensation benefits are available for various injuries and illnesses that were caused or exacerbated by the job.
Below is a list of injuries and illnesses that qualify:
- Amputations
- Asthma
- Back injuries
- Broken bones
- Bruises and contusions
- Burns
- Carpal tunnel syndrome
- Cuts
- Fractures
- Hand injuries
- Head injuries
- Neck injuries
- Pneumoconiosis
- Post-Traumatic Stress Disorder (PTSD)
- Rotator curve tears
- Sprains and strains
- Tendonitis
- Torn ligaments
- Trauma
This list does not cover every qualifying workers’ compensation injury.
Workers’ compensation does not cover self-inflicted wounds and injuries that occur while commuting. Workers’ compensation also does not cover pain and suffering.
An experienced Jackson, MS workers’ compensation attorney can ensure you receive the benefits you are entitled to. If you have questions about an injury at work, contact us online or call now to schedule your FREE consultation.
How Much Can I Receive In Workers’ Compensation Benefits?
The monthly disability benefit is usually two-thirds of your average weekly wage. You are eligible for a short-term disability allowance when you initially enter therapy. After you’ve fully recovered, the doctor will examine you and provide a statement. If you’re disabled due to an accident, you may qualify for permanent disability benefits.
There are two long-term disability programs: permanent partial disability and permanent total disability. You may be eligible for the former if you can resume working. However, if the injury prevents you from returning to work, you may be entitled to benefits for an extended period of time. The benefit payments are two-thirds of the average remuneration rate, with the maximum weekly benefit capped.
In the sorrowful situation, where a person dies due to an accident, the family receives death benefits and funeral costs up to $5,000.00. The maximum death benefit is 450 weeks of the average remuneration rate.
How Long Do I Have to Report a Work-Related Injury in Jackson, MS?
Workers’ compensation regulations in Mississippi require you to disclose an injury at work within 30 days. There is also a two-year statute of limitations. You may file your claim yourself within these two years. However, if your complaint isn’t filed correctly within the time limit, you won’t be eligible for any benefits.
How Does Hiring a Workers’ Compensation Attorney Help?
As much as you’re entitled to a workers’ compensation claim, coverage isn’t automatic. Insurance companies will look for ways to fight the claim or minimize their losses. As a result, retaining the services of a competent Jackson, Mississippi, workers’ compensation attorney is critical to improving your chances of winning the case.
Your lawyer will collect evidence (medical records, medical bills, work records, etc.) to build your case. Then your attorney will negotiate a fair settlement on your behalf. In addition, if your case has to go to trial, your lawyer will represent you in court.
Can I File Workers’ Compensation and a Personal Injury Claim?
Workers’ compensation is often the sole option for workers’ compensation claims, which means it may be your only method to receive benefits after being injured at work in certain states. While most of the time, you will get compensated through a workers’ compensation claim, there are times when you may be eligible to pursue a personal injury lawsuit. Your workers’ compensation attorney can assist you with filing a personal injury claim.
A personal injury claim has several advantages. For example, personal injury claims are more likely to result in larger payouts. Also, you may be able to recover non-economic damages, such as pain and suffering, which you are not eligible for under Workers’ compensation.
The following are examples of situations in which you may pursue a personal injury claim in addition to your workers’ compensation claim for failing to provide a secure workplace, resulting in an on-the-job injury:
- You experience harm from a faulty product. In this instance, you can take legal action against the item’s manufacturer in a product liability claim.
- You have an injury as a result of your employer’s deliberate negligence. In this situation, you can file a claim against your employer.
- A third party who you do not employ causes your accident. In this instance, you would file a claim against the third party or their employer.
If you experience injuries on the job, you might have several legal choices, including a workers’ compensation claim and a personal injury claim. Our Mississippi workers’ compensation attorneys can assist you in determining the finest course of action for optimum pay.
Call Our Jackson, MS, Office to Schedule Your Free Consultation
Jackson, Mississippi, workers’ compensation attorneys work on a contingency basis. That means you don’t pay unless we win. So, you have nothing to lose by scheduling your free consultation to find out more information.
Contact Richard Schwartz & Associates Injury Lawyers, P.A, in Jackson, MS, so that we can answer your workers’ compensation questions. We understand Mississippi workers’ compensation laws and will fight for your rights. We’ll handle the legal aspect of your claim so you can focus on getting better. Call us today for your FREE consultation.
