Every case is unique, and every client has different needs. For the most accurate understanding of your claim's value, consult a Tabor Law Firm, P.A., workers' compensation attorney. Our experienced lawyers know what it takes to win in Mississippi. We understand the factors that affect benefits and how to make a strong case for maximum results. In our firm's 30-year history, our lawyers have recovered millions of dollars in damages – including many settlements of over $100,000 - for injured workers.
Were you hurt at work in Mississippi? We offer free consultations to potential clients. At no cost to you, a member of our team can explain your compensation options and help you decide what to do next. There is no obligation to hire us. Just answers.
The 8 most common factors that determine workers' comp benefits
While a useful workers' compensation average does not exist, a lot of information on how benefits are calculated is available and may provide insight into an individual claim's value.
Workers' compensation benefits pay for all injury-related medical expenses, travel for treatment, and partial wages during recovery. For the most part, wages are paid at the rate of two-thirds of the injured employee's average weekly wage. In some cases, vocational therapy and death benefits are available, too.
Here are the 8 most common factors that affect how much a Mississippi workers' compensation claim is worth:
- Injury type and disability category. Benefits are affected by the body part injured and how the damage impacts your daily life. There are four categories of workers' comp disability supplemental benefits:
- Temporary Total Disability (TTD). Two-thirds of your average weekly wage is paid biweekly.
- Temporary Partial Disability (TPD). Paid biweekly when an employee is partially able to work before the date of their maximum medical improvement (MMI) and is affected by a partial decrease in wage earning capacity. The replacement income is two-thirds of the difference in pay.
- Permanent Partial Disability (PPD). Paid following and in addition to temporary benefits, PPD begins when the temporary benefits end. In this category, the worker is permanently disabled but still able to work, though for less wages than before. The benefit is two-thirds the difference in wages between occupations before and after the work injury. How many weeks you can collect PPD benefits depends upon which body part was injured.
- Permanent Total Disability (PTD). Mississippi does not offer lifetime benefits for workers who become permanently disabled and unable to earn a wage. At most, benefits can be collected for 450 weeks for two-thirds of their average weekly wage. An employee is PTD if they lose the use of both hands, arms, feet, legs, eyes, or any combination of these parts.
- Serious disfigurement of the head or face.
- Medical expenses. Past, present, and future.
- Rehabilitation expenses. Physical or occupational therapy and disability equipment.
- Transportation to and from medical treatment.
- Emotional trauma. Workers' compensation does not cover pain and suffering but can be applied to serious mental health problems caused by work.
- Negotiating skills. Every insurance adjuster's job is to reject claims or settle them for as little as possible. However, our lawyers always negotiate aggressively for the compensation you deserve.
- Debts against the injured worker, like orders for child support or other qualifying financial responsibilities, reduce compensation benefits paid directly to the worker.
How long can I collect workers' compensation in Mississippi?
It depends on your injury, but the more severe and debilitating the injury, the longer you collect benefits. Mississippi has a schedule for recovery times based on which body part is injured. While the schedule is subject to change, the following is the estimated maximum number of weeks a worker can collect benefits for an injured body part:
- Whole body – 450 weeks.
- Arm – 200 weeks.
- Leg – 175 weeks.
- Hand – 150 weeks.
- Foot – 125 weeks.
- Eye – 100 weeks.
- Thumb – 60 weeks.
- First finger (index finger) - 35 weeks.
- Great toe – 30 weeks.
- Second finger (middle) - 30 weeks.
- Third finger (ring) - 20 weeks.
- Fourth finger (pinkie or little) - 15 weeks.
- Testicle – 50 weeks for one, 150 weeks for both.
- Breast (female) – 50 weeks for one, 150 weeks for both.
- Loss of hearing – 40 weeks for one, 150 weeks for both.
Other workers' compensation benefits you may be entitled to include:
- Disfigurement. One year after the accident, an employee who has suffered serious facial disfigurement may be entitled to collect up to $5,000.
- Death benefits are payable for up to 450 weeks. A lump sum is typically due to the spouse upfront, and $5,000 is available for funeral expenses. A spouse is entitled to about 35 percent of the deceased's average weekly wage, while each child is entitled to 10-25 percent.
Why hire a workers' compensation attorney?
Disputes over workers' compensation benefits are often resolved through negotiation. The employer and insurance company have lawyers. Don't be the only one at the table without an attorney.
At Tabor Law Firm, P.A., our attorneys are only interested in what's best for our clients. We fight hard and litigate most of our workers' compensation cases. While many of the cases we handle are ultimately resolved through settlements, we will never agree to a settlement that is not in your best interest.
There are no upfront or out-of-pocket expenses for our services. Our Mississippi workers' compensation lawyers represent injured employees for a contingency fee. That means our payment is a percentage of the final decision. If there is no favorable decision, you don't pay us. We only get paid when we win.
Were you hurt in an on-the-job accident and need help navigating Mississippi's workers' compensation system? The skilled attorneys from the Tabor Law Firm, P.A., know how to get results. Learn more about how we can help. Contact us for a free case consultation right now.
