Have you been injured in a workplace injury? Contact Mama Justice to see what your options are for recovering full compensation.
Injuries happen in the workplace every day across the country. Sometimes, these accidents can be severe and life-altering. If you get injured on the job, you may require extensive medical care and time off work.
The Bureau of Labor Statistics reported that 2.8 million workers in the private sector sustained nonfatal illnesses and injuries in 2019, the leading causes of which were trips, slips, falls, motor vehicle accidents, overexertion, and diseases caused by exposure to toxic chemicals. Mississippi makes up a sizable portion of these numbers, with earlier research showing a 0.06% prevalence of on-the-job accidents among the state’s working class.
If the actions of another person resulted in your injuries on the job, or you feel that someone else was otherwise liable for your accident, our Oxford workers’ compensation lawyers can help you understand your rights and determine the best course of action. The laws in Mississippi allow you to recover financial compensation for your medical bills, lost wages, and much more. At Mama Justice – MW Law Firm, we have been successfully advocating for decades for those injured due to the negligence of others.
Our Oxford workers’ compensation attorneys offer a free consultation to those injured in workplace accidents or their surviving family members. We can analyze your case, evaluate your injuries, and review the basic facts to gain a clearer understanding of how we can help.
Mississippi Workers’ Compensation Act
Workplace injuries are an everyday occurrence both nationally and locally. Given the sometimes devastating nature of these accidents, the Mississippi workers’ compensation law was designed and enacted in order to protect workers and their families from the financial hardships that so often follow a workplace accident, such as medical expenses, lost wages, lost work benefits, and more.
Any employer who has five or more employees on the payroll is required to provide workers’ comp insurance. This applies to all industries with the exceptions of charitable, religious, not-for-profit organizations, farm labor, federal employees, and domestics. Workers’ compensation insurance coverage is available to employers with fewer than five employees, but it is not legally required.
Normally, qualifying for workers’ comp benefits does not involve a waiting period. Any injured worker is eligible for workers’ comp coverage, regardless of how long they have been working with their employer.
What Should I Do if I am Injured on the Job?
If your employer provides compensation to injured workers, you are eligible for those benefits. To guarantee payment, however, prompt reporting is important. The actions you need to take immediately after being hurt in a workplace accident are as follows:
- Inform your supervisor or employer immediately of your occupational illness or injury
- Seek immediate medical attention
- Hire an Oxford workers’ comp attorney
- Verify that the claim has been filed by your employer
- If your employer declined, file the claim yourself
- Follow up to make sure the insurance company has approved the claim and your damages will be paid
Even if everything goes as it should with your workers’ comp claim, it is still crucial to hire a local Oxford workers’ compensation attorney to advise you accordingly and protect your best interests throughout the process.
You should never ignore an injury, no matter how insignificant it may seem at the time of the incident. There are many injuries that become more apparent over time, ending up far more serious than you initially realized. You should also ensure that any information you provide is accurate. Giving misleading, exaggerated, or false information is a felonious offense.
Common Oxford Workplace Accidents
Workplace accidents differ in severity based on the nature of the job involved and the circumstances that caused the accident. Past studies have suggested that slips, falls, overexertion, and contact with machinery are the leading types of on-the-job accidents, making up over 80% of all workplace-related injuries.
The most common Oxford workplace accidents include:
Overexertion
Overexertion can lead to injuries either over a period of time or in an isolated incident. Workers who most often sustain injuries caused by overexertion are those whose daily tasks include carrying, pulling, or lifting. For example, lifting heavy materials without the right equipment could cause tendon and muscle injuries or, in serious cases, joint dislocation. While the effects of a workplace injury will vary depending on the severity of the damage, the hospital stay and recovery time could be costly.
Trip-and-Fall/Slip-and-Fall Accidents
Trips or slips and falls commonly lead to serious injuries. Malfunctioning elevators, slick floors, uneven walkways, and dimly-lit stairwells are some known dangers that predispose employees to slip and trip and fall injuries. Whether you injure your back or knee, sprain your wrist, or endure a soft tissue injury, workers’ compensation should be available to you to cover your medical bills and income loss.
Falling Objects
Moving equipment and falling objects cause more than their fair share of workplace injuries. Whether you received minor scrapes and bruises, deep lacerations, or a serious compound fracture, Mississippi workers’ compensation should provide financial compensation.
Motor Vehicle Accidents
Any type of motor vehicle accident, either while on the road or at the job site, is covered under workers’ compensation insurance as long as the employee involved was on the clock at the time of the incident. For example, a worker who is injured by a bulldozer on a construction site would be eligible for workers’ compensation benefits.
Explosions and Fires
While certainly not as prevalent as the preceding types of accidents, explosions and fires are included in reports regarding Oxford workplace accidents. Defective gas lines, misuse or mishandling of combustible materials, and a number of other scenarios leave workers vulnerable to fires. Accidents involving fire are often life-threatening, particularly if employees are caught in an explosion or trapped inside a building. Regardless of the extent of the injuries, workers’ comp programs offer coverage.
This list is by no means exhaustive. There are many other job-related accidents and injuries that are covered under Mississippi law. If you were injured in a workplace accident that has not been mentioned, contact an Oxford workers’ compensation lawyer for guidance.
Most Common Types of Injuries Covered by Mississippi Workers’ Comp
The statute for injured workers covers multiple kinds of injuries. These vary from neck and back injuries to soft tissue, joint, and knee injuries. Any occupational disease that is aggravated or caused by working conditions, like asthma, is also eligible for workers’ comp benefits.
Some of the most common qualifying illnesses and work-related injuries are:
- Amputations
- Trauma
- Back injuries
- Broken and fractured bones
- Contusions and lacerations
- Burns
- Strains and sprains
- Carpal tunnel syndrome
- Neck injuries
- Rotator cuff tears
- Head injuries
- Hand injuries
- Pneumoconiosis
- Post-Traumatic Stress Disorder
- Tendonitis
- Asthma
Although this list is not complete, keep in mind that injuries sustained while traveling to and from work and self-inflicted injuries most likely won’t be covered. Also, workers’ comp does not cover emotional damages, such as pain and suffering, or any resulting mental distress. For that, you will need to file a personal injury lawsuit. If you want to confirm that you are receiving every benefit to which you are entitled in your Mississippi workers’ comp claim, reach out to an experienced Oxford workers’ compensation attorney.
What Types of Workers’ Compensation Benefits am I Entitled to Collect?
State laws regarding workers’ comp provide for wage loss and medical benefits.
Medical benefits should cover all the costs of all medical treatment until maximum medical improvement or a full recovery when possible is achieved. These benefits can include the costs of medical services, prescription medications, any necessary medical appliances, physical therapy, and any costs associated with specialists and follow-up doctor visits.
Benefits for lost wages are paid as compensation to the injured worker for the work they missed due to undergoing medical treatment and recovery.
How Much Am I Eligible for in Workers’ Compensation Benefits?
Generally, your benefit is figured as 66.6% of your average weekly wage. While you are undergoing treatment, you will receive temporary disability benefits. After you are completely recovered or have reached maximum medical improvement, your doctor will re-examine you and issue a report. If he or she determined that you sustained any form of disability, you will be eligible for permanent disability benefits.
There are two types of permanent disability benefits: permanent total disability, and permanent partial disability. If you are able to return to your job, then you are eligible for the latter. If, however, your injury has left you incapacitated and unable to return to work, then you will receive permanent total disability for up to 450 weeks, which is about 8 and a half years. All benefits are calculated as 66.6% of your average weekly pay, with a cap set at $523.16 for claims filed after January 01, 2021.
Should the worker be killed in an accident or pass away later due to their injuries, the surviving spouse or other applicable family member will be paid death benefits, as well as funeral expenses of no more than $5,000.00. The maximum death benefit paid to the family may not surpass $235,422.00, which is $523.16 times 450 weeks.
How Much Time Do I Have to Report a Mississippi Work Injury?
Mississippi’s workers’ compensation laws require workplace injuries to be reported no more than 30 days from the day of the incident. This deadline is followed by a two-year statute of limitations. If the two-year deadline expires and you have not filed a claim, you are no longer entitled to any of the benefits. Injured victims may file their own claims if they choose to do so, but keep in mind that if it is not filed properly, or the statute has run out, you will be prohibited from recovering any financial compensation. Working with the Oxford workers’ compensation lawyers from Mama Justice – MW Law Firm will ensure that all necessary paperwork is filed properly and in a timely manner.
How Can an Oxford Workers’ Comp Lawyer Help Me Get Compensation?
Even though workers’ compensation is something to which you are entitled, your workers’ compensation benefits are not automatically handed out. Insurance carriers will put a disproportionate amount of effort into looking for loopholes they can use to fight your claim or at least reduce their losses. Therefore, it is crucial to have a qualified workers’ compensation attorney on your side to improve your chances of winning your case.
As with any type of personal injury case, evidence is key. Providing insufficient or false information will come back to bite you, however real your injuries may be. Among other things, our Oxford workers’ compensation lawyers will collect both vocational and medical evidence, enter into settlement negotiations on your behalf, and represent you at your hearing. Additionally, if your workplace injury involves a third party, meaning someone besides your employer, your attorney can help you file a personal injury claim with the proper court and represent you at trial.
How Much Does an Experienced Workers’ Compensation Lawyer Cost?
Our Oxford workers’ comp attorneys operate on a contingency fee schedule. In other words, you do not pay one cent unless they win your case.
How Do I File a Mississippi Workers’ Compensation Claim?
In Mississippi, filing a claim for workers’ compensation involves:
- Reporting the accident and your injury to your employer or immediate supervisor and filling out any and all necessary paperwork
- Seeking prompt medical attention from a licensed physician and giving them the full details about your workplace injury
- Your employer filing your workers’ compensation claim with any necessary documentation
- The insurance company evaluating your claim and paying you workers’ compensation benefits in accordance with Mississippi law
If you get an attorney early in the process, we can help ensure you get everything you are legally entitled to and explore what options you have available. At Mama Justice – MW Law Firm, we are a team of experienced attorneys ready to help you collect full and fair financial compensation to cover your injuries and other damages.
Speak With a Personal Injury Attorney from MW Law – Mama Justice
If you want a reputable legal team to represent you in your Oxford worker’s compensation claim or anything else, call the law offices of Mama Justice – MW Law Firm and schedule a free case evaluation. A Mississippi personal injury attorney will be happy to speak with you and make sure you know your rights and what legal options you have. Call (888) 242-4603 or fill out the contact form on our website.