Have you been injured on the job in Corinth, Mississippi? Our workers’ compensation lawyers at Mama Justice – MW Law Firm, may be able to help. Call for a free consultation.
Mississippi’s workers’ compensation system was founded in 1948 to guarantee that workers injured on the job acquired specific benefits. A workplace injury can have an impact on your life economically, physically, and mentally. You might sustain injuries that demand costly medical care, resulting in hospital bills that will start getting out of control very quickly. Then, while you are trying to heal, you won’t be able to work and earn a living, leaving you with no source of income, and no way to pay your hospital bills and other bills relating to your accident.
The Mississippi workers’ compensation attorneys at Mama Justice – MW Law Firm know firsthand how jobsite injuries can be life altering and disastrous. That is just one of the many reasons we are dedicated to guiding those hurt in workers’ comp accidents through the legal process successfully. We are familiar with the complexities of Mississippi’s workers’ comp laws and have years of experience in achieving successful outcomes for our clients. We know which benefits you are entitled to collect, and can help ensure you get them.
An injury in the workplace can be very impactful to the quality of your life. You could be so badly hurt that you are unable to work and make money, sometimes for the rest of your life. Workers’ compensation benefits are intended to help those who have been hurt on the job. Sadly, getting all of the benefits you are entitled to is not always as simple as it should be. The truth is that it is often extremely difficult to get what the law says you deserve. Our Corinth, MS workers’ compensation attorneys are ready to fight for you to make sure you receive the benefits you need to put your life back together after an accident.
What Should I Do After a Workplace Accident?
After being injured, there are certain actions you can take that will protect your right to receive the benefits you are entitled to. The skilled workers’ compensation lawyers from Mama Justice – MW Law Firm know that injured workers who take these steps as soon as they are injured have a greater chance of seeing a successful resolution to their personal injury claim.
After being diagnosed with a work-related illness or being injured in a workplace accident, there are three actions you need to take right away:
- Promptly report the injury or illness: To be eligible for workers’ compensation benefits, you must report your injury or illness to your employer within 30 days. An overwhelming portion of applicants with successful claims are those who report the incident immediately. If you neglect to inform your employer before the 30 days are up, your claim for benefits will be denied. Inform your employer about your illness or injury in writing. Maintain a copy for your personal records. This paper will act as proof that you met this requirement. Be sure it includes the date your injury took place or the date you were diagnosed with your illness, how it happened, and how it impacts your job.
- Seek immediate medical care: A doctor will be able to examine your injury and administer any required medical care. We strongly urge you to seek medical care following any job site accident, even if you feel fine. You may have internal bleeding or other internal injuries that can only be detected by a medical professional. Left untreated, they may worsen. Be sure to tell your physician how you were injured, or about any exposure that you think led to your illness. Your physician will also note the details of your appointment and what treatment he or she recommended.
- Contact a Corinth workers’ comp attorney: An experienced attorney can examine the facts surrounding your injury or illness and explain to you what benefits you should be eligible to collect. While you can always file a Mississippi workers’ compensation claim without the aid of a lawyer, it is to your advantage to work with one. A respected attorney will be able to make sure you understand all of your legal options, prevent you from making common claim errors, and help you avoid any obstacles you might face when you apply.
Standard Workers’ Comp Benefits
The purpose of workers’ comp benefits is to cover any reasonable and appropriate medical care relating to your injury and to provide you with a partial salary for the period of time you are unable to work. There are, however, many strict conditions that employees who are hurt on the job must follow. The workers’ comp attorneys at Mama Justice – MW Law Firm will stay by your side throughout the entire process. Common forms of workers’ compensation benefits available in Mississippi include:
- Medical
- Death
- Permanent partial disability
- Temporary disability
- Permanent total disability
- Mileage reimbursement
- Vocational rehabilitation
Whether you were injured while working in a factory, an office, or at a construction site, you are entitled to receive workers’ compensation benefits.
Additional Benefits
Besides those listed above, workers’ compensation may also include benefits pertaining to vocational rehabilitation, such as:
- Aptitude testing to help you identify your skills, talents, and interests.
- Vocational counseling to help you find an appropriate job
- Training or apprenticeship for a brand-new job
- Schooling to help you learn new skills
- Services to assist you with job placement
To receive these benefits, you need to have either a ruling from the Mississippi Workers’ Compensation Commission or the approval of your employer’s insurance carrier. You are also eligible to receive ongoing payments for a partial salary while you participate in vocational rehabilitation. Typically, employers and insurance carriers don’t challenge claims for vocational rehabilitation benefits because once you have a new job at a comparable wage, they are no longer required to pay you.
Unfortunately, some employers will challenge these claims and cast doubt on the fact that you are unable to return to your former line of employment. Even if your vocational benefits are approved, there could still be problems. For example, you might get an advisor who fails to take your physical limitations into account or tries to bully you into taking a job that doesn’t pay enough.
Can I Still File if I Contributed to My Accident?
Injured workers are still eligible to receive workers’ compensation benefits even if they contributed to or caused their accident and injuries. Workers’ compensation does not operate according to fault. If you were hurt at work during the course and scope of your employment, it doesn’t matter who was at fault for the accident.
Can I Use My Regular Physician?
According to state law, you are allowed to pick any licensed physician for the treatment of your job-related injury. Newly enacted laws have, however, set various restrictions on the time you have to decide. A nurse hired by the insurance company will accompany you to your doctor appointments. Remember that you have a right to privacy and are not required to consent to being accompanied.
I Just Started My Job. When Am I Eligible for Workers’ Comp Benefits?
You are eligible for benefits from the very first day you work, although your employer and their insurer can still contest your claim if you are hurt on the job. Your employer could attempt to cast doubt on the severity of your injury or say that it was caused by a pre-existing condition. A practiced Mississippi workers’ compensation lawyer can protect your best interests and make sure that you receive any benefits the law entitles you to.
How Much Is My Workers’ Comp Claim Worth?
The overall amount of workers’ compensation you will be paid will depend on how much you were making when your accident occurred and how long you will be unable to work. Usually, your workers’ compensation benefits are paid out at the rate of 66.7% of your weekly earnings until you reach the maximum amount according to state law or until you have collected payment for 450 weeks, whichever comes first.
What If My Injuries Left Me Unable To Perform My Usual Duties?
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.
What Should I Do If My Claim Is Denied?
If your workers’ comp 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 Corinth workers’ comp attorney will know the most effective way for you to build a compelling case and achieve a successful resolution to your appeal hearing.
These are just a few of the reasons why you should have a Corinth 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 and winning appeals, and we have won hundreds of cases for benefits in court.
What is the Claims Process for a Denied Appeal?
If you were hurt in a Mississippi workplace accident, you are entitled to file a claim for benefits, but what do you do if your workers’ compensation claim is denied? Should that be the case, there is a well-established appeals process in place. The skilled workers’ comp lawyers at Mama Justice – MW Law Firm are able to walk you through the appeals process and safeguard your rights. Here are the basic steps involved:
- File a Petition: The first leg of the appeals process is filing a Petition to Controvert. This petition needs to be completely filled out and filed with the Mississippi Workers’ Compensation Commission within two years from the cause of action. The Commission will assign a representative to your case. Your employer’s insurance company will receive notice that an appeal has been filed and you will have the opportunity to provide them with a written response. The majority of workers’ comp claims are settled during this stage.
- Attend a Hearing: In the event that both sides are not able to reach an agreement, an administrative hearing presided over by a judge will take place. Both parties will prepare pre-hearing statements, give evidence, examine and cross-examine witnesses, and present their respective arguments. There could be several months between the time you file your petition and the day of your hearing. After the judge has made his ruling, you receive a written verdict in the mail.
- Full Commission Review: If the judge does not find in your favor, you can then appeal to the Commission. You have 20 days from the judge’s initial ruling to file a Petition for Review. At this time, both parties will present a written brief that asserts their standpoint to the Commission which will then evaluate the case and notify both parties of their decision through the mail. The commission does not generally hold full hearings, but might if one is requested.
- Go to Court: If the commission also rules against you, you can appeal their decision to a state court. You have 30 days to file and your case can be heard all the way up to the Mississippi Supreme Court.
Our Corinth workers’ comp lawyers know what it takes to get you a resolution to your claim that actually meets your needs. Your employer and the insurance company do not want to pay you any more than they absolutely have to, but that’s why you have the option to get legal representation.
If you were injured in a workplace accident, contracted a job-related illness, or were denied workers’ comp benefits, contact us through the form on our web page or call our offices at (888) 242-4603. We offer free consultations to all prospective clients.