Our attorneys know how workplace injuries can affect you and your family. That’s why we are dedicated to helping injured workers successfully navigate the claims process. We have a thorough knowledge of the workers’ compensation laws and a lot of experience dealing with disputed claims. We know what benefits you are entitled to and we can help you fight to get them. Here are some of the most frequently asked questions that we get about workers’ comp:
How much can I collect for workers' compensation in Mississippi?
The amount of workers’ compensation you can collect depends on what you were earning and how long you’re going to be out of work. Generally, your benefits are two-thirds of your average weekly wage, up to a maximum amount set by law. This law also sets a maximum amount of total benefits you can receive. You can collect up to this amount or collect for 450 weeks, whichever comes first.
Can I choose my own doctor when I collect workers’ compensation?
Under Mississippi law, you have the right to choose what doctor treats your work-related injury, though recent laws have placed limits on the time you have to select a doctor. Sometimes a nurse who works for the insurance company will be sent to accompany you to your doctor appointments, but you have the right to privacy and don’t need to give consent for that nurse to be present.
Can I still collect benefits if I caused my accident?
You may collect workers’ compensation benefits if you were injured in a work accident that was your fault because workers' compensation follows a no-fault system. As long as you were injured while on the job, you are generally covered, no matter who caused the accident that led to your injury.
What if my worker’s compensation claim is denied?
If your claim is denied, you can appeal the decision to the Mississippi Workers' Compensation Commission. You’ll need to provide evidence of your on-the-job injury and the impact it has had on your ability to work. An experienced workers' compensation lawyer can help you build a strong case and fight for you during your appeal hearing.
What if I can't go back to my old job?
Some injuries leave workers unable to ever return to their original job, but Mississippi workers are eligible for vocational rehabilitation services to help them find a new job. Injured workers are assigned a counselor and may be eligible for training to get them prepared for different work.
How long do I have to work at my job before I am eligible for workers’ comp benefits?
You’re eligible for workers’ compensation on your first day of work, but your employer and their insurance company can still challenge your claim if suffer an on-the-job injury. Your employer may question the severity of your injury or say it was caused by a pre-existing condition. A Mississippi workers’ comp lawyer can advocate for your best interests and help you get the benefits you’re entitled to.
Types of Benefits
The types of workers' compensation benefits available in Mississippi include:
- Medical benefits
- Temporary disability benefits
- Permanent total disability benefits
- Permanent partial disability benefits
- Mileage reimbursement
- Vocational rehabilitation
- Death benefits
Whether you were hurt at a construction site, in a factory, at a warehouse or in an office, you are entitled to receive benefits.
Fighting For Your Best Interests
Some people may say that you don't need a lawyer to file a workers' compensation claim. And in a perfect world, you wouldn't need a lawyer if you get hurt on the job or suffer negative effects from long-term exposure to hazardous conditions. You would file a claim and get paid for your medical expenses, as well as part or all of your weekly wages.
Unfortunately, that's not reality. Too often, employers and insurance companies do everything in their power to avoid paying you the full amount you deserve - and that you're entitled to by law. They can and do challenge claims. They may question the extent of your injury or whether certain medical treatment is necessary. They may take the position that you are ready to return to work, when in fact you are still recovering.
Employers and insurance companies have lawyers advising them on their rights and requirements when it comes to workers' compensation claims. It is only fair that you also have a lawyer to look out for your best interests.
How We Can Help You
We start by getting the facts about what happened. Our legal team investigates your accident or occupational illness. We review accident reports, safety records, medical records and other relevant documents. We identify and interview witnesses. If necessary, we'll consult with experts to prove you were injured at work and deserve benefits.
Our attorneys determine what benefits you should receive and take action on your behalf. If your initial claim for benefits is denied, we will fight for you at every step of the appeals process with the Mississippi Workers' Compensation Commission. And if you still don't get the benefits you deserve, we'll fight for you in court. In fact, we litigate the majority of claims we handle, because we fight to get the best possible results.
If you were injured at work, you deserve to be compensated during your recovery. Get an experienced legal advocate who understands your rights. Contact Tabor Law Firm, P.A. Call (601) 944-9588 to schedule a free consultation with one of our attorneys. We’re based in Ridgeland and serve injured workers in Jackson and throughout Mississippi.
