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Workers' Compensation in Mississippi

Mississippi work compensation, known also as workmans comp, workers' compensation, and workers' comp, gives workers income and medical treatment while they are recovering from their job-related injuries or diseases. Employers in Mississippi who have five or more workers are required to carry workmans compensation insurance for their employees, but not for independent contractors. Should a worker claim to be injured on the job, the work-related claim must be filed with the Mississippi Workers' Compensation Commission.
Consult a Mississippi workmans comp lawyer if you are injured or ill and intend to file a work compensation claim. Legal assistance is extremely beneficial in a workers' comp case; especially in a case where your boss is underinsured, uninsured, does not cooperate, or if your injury is severe or potentially long term. A Mississippi work compensation attorney is also recommended if your injury results from defective equipment (and the manufacturer may be responsible) or if a third person was involved in your injury in some way.

Illnesses and Injuries Covered Under Mississippi Workers' Compensation Law

Accidental Physical Injuries
For the most part, any "accidental" injury that happens during the course and scope of employment is covered by the employer's workers' comp insurance. For instance, slip and fall accidents, tripping and falling at the worksite are all covered.
However, there are certain injuries that may not be covered. These include injuries that occur when a worker is intoxicated, has been using drugs, or when the worker's injury is self-inflicted.

Occupational diseases

    • Diseases or conditions that are related to work or can be traced to conditions in the workplace. Examples include respiratory issues related to exposure to toxic chemicals, carpal tunnel syndrome, or radiation poisoning.

Death

    • When an injured employee dies because of his work-connected injury or sickness, benefits are paid out to his dependents in amounts which vary with the situation.

The Mississippi Worker's Comp Claims Process

  • Notify Your Boss/File a Claim

Report a workplace injury within 30 days of the accident which causes the injury. If a worker does not tell his employer about his injury in a timely manner, receipt of benefits may be delayed, or even impossible.After you have notified your boss, it is up to your boss to report your injury to his insurance company and the Mississippi Workers' Compensation Commission. The statute of limitations for filing a claim with the Commission is two years from the date of injury. Failure to file within this time period will result in the employee's claim being barred, after which time he will no longer be eligible to receive medical, income, or permanent disability benefits.

  • Get Medical Help Promptly

Make sure to tell the doctor who examines you after your injury that your injury is related to your job.

Benefits Received in Mississippi Under the Workers' Compensation Program

Ask a Mississippi workmans comp lawyer to discuss your options for compensation benefits with you. There are several possibilities depending on your injury:

  • Medical Treatment: The injured worker's employer pays the employee's health care provider for the employee's medical bills (physician, hospital) and treatment related to his work injury.
  • Wage Reimbursement: A worker may be compensated for wages he loses by going to and from the hospital, and from doctor's appointments, and attending these appointments and examinations.
  • Funeral: As much as $2,000 for burial expenses.
  • Death: Workers' Compensation Law guarantees the payment of money to surviving dependents of a worker who dies from his work injury.
  • Vocational Rehabilitation: The Mississippi Department of Rehabilitative Services is available to help employees whose injuries prevent them from returning to their original occupations, train for and find new jobs.
  • Income Benefits: Mississippi law provides several types of income benefits:
    1. Temporary Total Disability Benefits (TTD for short): Monetary payments are made to the injured employee during the time when he cannot return to work as a result of his injury. Generally, the employee will be paid two-thirds of his average weekly wage at least every two weeks.
    2. Temporary Partial Disability Benefits (or TPD for short): Injured workers whose injuries still restrict them from doing their old job, but who can do some work.The worker is paid the difference between the reduced wage he is making while injured, and 2/3 of his average weekly wage prior to his injury.
    3. Permanent Total Disability Benefits (PTD for short): The employee is indefinitely unable to work because of his injury. If this is the case, the payments the employee was receiving for Temporary Total Disability will continue for a maximum of 450 weeks.
    4. Permanent Partial Disability Benefits (PPD for short): When an injured employee has improved to his medical maximum but will still always be affected by his injury and unable to return to his original job. Payment will be made in the amount of two-thirds of the employee's pre-injury average weekly wage, and for up to 450 weeks.

Why Hire A Mississippi Workers' Comp Lawyer?

If you are facing a significant period of disability, have an injury that is hard to prove, or are depending on your potential workmans comp benefits for your livelihood, you should bly consider contacting a Mississippi work compensation lawyer. Such an attorney can help you formulate a strategy for your case, comprehend the guidelines for filing a claim and the claims process, argue your case, and talk to you about your compensation options.

Mississippi Workers' Compensation Statutes

Mississippi Labor and Industry Statutes-workers' compensation:

  1. Employers Subject To Workers' Compensation
    1. Labor and Industry, Tit. 71, Chp.3 § 5.
  2. Covered Employee
    1. Labor and Industry, Tit. 71, Chp.3 § 5.
  3. Benefits
    1. Labor and Industry, Tit 71, Chp.3 §§ 17-25.
  4. Claims Procedure
    1. Labor and Industry, Tit. 71, Chp.3 § 35.
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