Biloxi Workers’ Compensation Lawyer

Have you been injured in a workplace accident? Mama Justice’s team can answer your questions and help you pursue a claim. Call us today!

A workplace injury can have a lasting impact on your life. You could sustain a severe injury that leaves you unable to work and earn a living, either temporarily or permanently.

Workers’ compensation benefits are designed to help you when you have been injured in an on-the-job accident. Unfortunately, getting the benefits to which you are entitled is not always a straightforward process. In fact, it can sometimes be extremely difficult and complex to navigate.

The Biloxi workers’ compensation lawyers at Mama Justice – MW Law Firm are experienced and prepared to fight to help you collect the benefits you need to get you back on your feet.

What Do I Do After Being Injured on the Jobsite?

Mississippi’s workers’ compensation insurance was set up to ensure that workers who were injured in a workplace accident receive benefits. There are, however, some measures you need to take after being injured to help protect your right to collect these benefits. The experienced workers’ compensation attorneys from Mama Justice, serving injured workers in Biloxi and communities throughout Southern Mississippi, are here to help.

Injured workers should take particular steps as soon as they are hurt in order to have a much higher chance of a successful compensation claim. After a workplace accident, or being diagnosed with a work-related illness, there are three things an injured worker should do immediately after their workplace accident:

• Report your illness or injuries: To be eligible for benefits, you are given 30 days to report your illness or injuries to your employer. Successful claim applicants tend to be those who report the issue right away. If you fail to inform your employer before the deadline passes, your claim for benefits will most likely be denied. Tell your employer about your accident or illness in writing and keep a copy for your records. This documentation will serve as proof that you satisfied this requirement. Be sure to include the day of your accident, or the day you were diagnosed with your illness, and how it relates to your duties at work.
• Seek medical treatment: Seek emergency care right away. A physician will be able to thoroughly examine your injuries and provide any necessary medical care. We strongly recommend that you seek medical attention after any workplace accident, even if you think you are unharmed. You may have sustained internal injuries that can only be found by a doctor until they have gone untreated and gotten worse. Be sure to tell your healthcare provider how your injuries happened, or about the workplace exposure that you feel caused your illness. Your doctor will also document the details of your visit and what treatment was recommended. Keep track of all of your medical expenses.
• Call a Biloxi workers’ comp lawyer: After seeking medical care, an experienced lawyer should review the circumstances surrounding your illness or injuries and guide you about which benefits you should be able to receive. Although you can certainly file a Mississippi workers’ compensation claim without an attorney, it is in your best interests to work with one. A reputable lawyer will be able to explain your legal options to you, keep you from making common mistakes, and advise you of any impediments you may have to deal with when you apply for benefits.

A workers’ compensation claim is meant to cover all necessary and reasonable medical treatments associated with your work injuries, and to pay partial wages for the time that you are physically unable to work. Keep in mind there are strict requirements that workers who are hurt at work have to follow. Our Biloxi workers’ compensation attorneys at Mama Justice – MW Law Firm can guide you through the claims process from start to finish.

Can I Afford a Biloxi Workers Compensation Lawyer After My Work-Related Injury?

A workplace injury can affect an injured employee in many ways including financially, emotionally, and physically. Your work accident could require expensive medical bills, and your hospital bills and medical expenses can start to pile up quickly. While you are trying to recover from your work injuries, you will be unable to work and be left without a means of income, and without a way to pay your current and future bills.

This may leave you unsure if you can even afford an attorney. Our Mississippi workplace accident lawyers recognize how workplace injuries impact the lives of victims and their families. That is just one of the reasons we are committed to helping those injured in workplace accidents successfully navigate the civil claims process. We understand the nuances of Mississippi’s workers’ compensation laws and have decades of experience in handling disputed claims. We know the benefits that you are eligible to receive and can help make sure you get them.

We handle most claims on a contingency basis. That means if we don’t win your claim, then you don’t pay. We offer a free consultation so reach out today to speak with a workers’ compensation lawyer.

How Much Can I Collect for a Workplace Injury Claim?

Workers’ compensation claims are complicated matters. The total amount of financial compensation you are able to collect will depend on how much you were earning at the time of the injury and the length of time you are going to be out of work. Normally, your benefits are set at two-thirds of your average weekly income, up to a predetermined maximum set by state law. This law also sets the maximum number of benefits you can collect. So, you will be able to collect up to the predetermined amount or for 450 weeks (about eight and a half years), whichever comes first.

Can I Choose My Own Doctor After Being Injured on the Job?

Mississippi law says that you are entitled to choose which doctor you see for treatment of your work-related injuries. Recently implemented laws have, however, placed certain restrictions on the amount of time in which you have to do so. Sometimes a nurse employed by the insurance carrier will be dispatched to accompany you to any doctor appointments. Keep in mind that you do have a right to privacy and do not have to give your consent for the nurse to be present.

Am I Still Eligible for Benefits If I Caused the Accident?

Yes, employers are required by law to pay into workers’ compensation insurance so that injured employees are able to collect benefits even if they caused the accident that left them injured. In Mississippi, as in other states, workers’ compensation does not follow a fault-based system. If you were injured while at work or in the normal course and scope of your duties, it does not matter who was to blame for your accident.

My Biloxi Workers’ Compensation Claim Was Denied. What Do I Do?

If your claim is denied, the decision can be appealed to the Mississippi Workers’ Compensation Commission. You will be required to show proof of your injuries, proof that they occurred in the workplace, and the effect they have had on your ability to continue working. An experienced Biloxi workers’ compensation lawyer will know the most effective way for you to build a compelling case and achieve a successful resolution to your appeal hearing.

What If I Can No Longer Do My Old Work Due to My Injuries?

Some injuries are so serious that workers can never return to their old job. If this is the case, workers in Mississippi qualify for vocational rehabilitation services. They will be assigned a counselor to work with who will help them train for and find new jobs that they are able to do, if applicable.

How Long Do I Need to Be Employed at My Current Job Before I Am Eligible?

Employers are required by law to carry workers compensation insurance if they employ five or more employees. You are eligible to collect workers’ compensation benefits and file workers’ compensation claims from the very first day of your employment, although your employer and their insurance provider are still able to challenge your claim if you are injured on the job. Your employer may question the seriousness of your injuries or claim that it was due to a pre-existing condition. One of our seasoned Biloxi workers’ compensation lawyers at Mama Justice – MW Law Firm will fight for your best interests and help you collect any benefits you may be entitled to.

Types of Benefits

The types of workers’ compensation benefits available in Mississippi include:

Whether you acquired your injuries while working at a construction site, in an office, or in a factory, you are entitled to collect benefits.

Additional Available Benefits

In addition to the benefits listed above, a workers’ compensation claim can also include vocational rehabilitation benefits such as:

• Testing to help you pinpoint your interests, abilities, and skills
• Vocational counseling that will help you find a job that matches
• Training for a new line of work
• Instruction to teach you new skills
• Job placement services

In order to acquire these benefits, you have to have approval from your employer’s insurance provider or a ruling from the Mississippi Workers’ Compensation Commission. Injured workers are also entitled to continue to receive payments for lost wages while they are in vocational rehabilitation. Often, insurance providers and employers do not contest claims for these rehabilitation benefits since they no longer have to pay you once you are employed at the same rate of pay.

Some, however, will challenge your claim and question if you are truly unable to return to your previous line of work. Even if they approve your vocational rehabilitation benefits, there may still be issues. For instance, you may get a counselor who does not take your work restrictions into consideration, or they may try to pressure you into accepting a low-paying job.

These are just a few of the reasons why you should have a Biloxi workers’ compensation attorney from Mama Justice – MW Law Firm on your side. We work diligently to make sure you get the benefits you are entitled to and that you receive the services you need and deserve. We have a well-earned reputation for building persuasive cases, winning appeals, and have won hundreds of cases for benefits in court.

File a Petition

The first part of the workers’ compensation appeals process is to file a Petition to Controvert. The form must be filled out in its entirety and then filed with the Mississippi Workers’ Compensation Commission by the applicable deadline.

A workers’ comp agent will be assigned to your case by the Commission. Your employer’s insurance provider will be informed you have filed an appeal. Many claims are settled during this phase after negotiations.

Hearing

If both sides are unable to agree on an outcome, then a workers’ compensation judge will preside over an administrative hearing. Both sides will prepare pre-hearing statements. On the day of the hearing, both sides will give evidence, examine witnesses, and present their arguments. The time between the filing of your petition and the day of your actual hearing could be several months. Once the judge makes their ruling, you will be mailed a written verdict.

Review By The Full Commission

If the verdict is not in your favor, you will then appeal to the full commission. A Petition for Review has to be filed no more than 20 days from the judge’s ruling. Both sides will be able to present a written brief that argues their position to the commission. The commission will then review your case and notify you of their decision via mail. The full commission typically does not hold hearings, but may if you request one.

Courts

If the commission rules against you, you may appeal the decision in a state court. You will have 30 days to file this appeal and your case can be heard all the way up to the Mississippi Supreme Court.

Why Choose Mama Justice?

Mama Justice truly cares about her clients and will stop at nothing to ensure they get what they are entitled to according to the law. Workers’ compensation regulations in Mississippi provide protection for employees who sustain workplace injuries, and we are here to make sure you get that protection.

Unfortunately, it’s not always easy to actually receive those benefits. The insurance company for your employer may deny your claim or make an inadequate offer of compensation in comparison to what you actually need and deserve.

The Mama Justice – MW Law Firm, led by founding attorney Missy Wigginton, AKA Mama Justice, takes on workers’ compensation claims for regular individuals hurt in industrial accidents all around Mississippi. We are not intimidated by insurance companies or employers, and we know exactly what needs to be done to get you your rightful benefits.

Our Mississippi workers’ compensation attorneys are here to help if you were hurt at work and need assistance obtaining your eligible benefits. If you were hurt in a workplace accident, contracted a job-related illness, or were denied workers’ compensation benefits, give us a call at (888) 242-4603. We offer free consultations so there is no reason to wait another minute.