The Workers’ Compensation Claim Process in Mississippi

A Jackson workers’ comp lawyer explains what happens when you file for benefits

After a terrible accident at work, many injured employees are in the same position. They’re in a lot of pain, unable to work or do normal daily activities, and worrying about paying escalating medical bills and monthly expenses.

Fortunately, injured employees are eligible to apply for workers’ compensation. Benefits cover injury-related medical expenses, travel to medical appointments, and partial wages – about two-thirds of your average weekly wage.

Unfortunately, applying for benefits and getting the full compensation you deserve is often challenging. Claims get denied. Employees are pressured into returning to work before they are fully recovered. Insurance companies refute the necessity of important medical treatments.

Tabor Law Firm, P.A., can take on the workers’ compensation system for you. For more than 30 years, our law firm has fought to protect injured workers’ rights. As a result, we thoroughly understand how to get results in Mississippi. If you were injured at work, contact us for a free case consultation.

The workers’ comp claim process in Mississippi

Depending on a case’s complexity, a workers’ compensation claim in Mississippi can take weeks or months to finalize. Here’s how the process works. It all starts with you taking care of yourself.

1. See a doctor. After a work accident, you must protect your health and compensation options. See a doctor as soon as possible for a thorough medical examination. In Mississippi, you have the right to choose the doctor who treats your injury or illness after a work accident. The doctor is required to send a medical report to your employer/their insurer within 20 days of the initial treatment.
2. Inform your employer. Within 30 days of being injured, you must notify your direct supervisor or another person in authority at work – not just a coworker – that you sustained an injury on the job or that you have a work-related illness. It is best to do this in writing. Keep the notice basic – Do not provide details about the severity of your injury or how it happened. The more you say, the more opportunities an insurance adjuster has to use your words against you. If you have an attorney, they can handle the notification for you.
3. Consult an attorney. After a bad accident, consulting an experienced workers’ compensation attorney as soon as possible can give you an edge over the insurance company. Your lawyer can listen to the details of your injury and calculate a compensation package that places the highest value on your health, recovery, and comfort. At Tabor Law Firm, P.A., a lawyer at our firm can build a strong case as we navigate the claims process and aggressively negotiate for everything you deserve.
4. The FROI. Within 10 days of being notified, your employer must file a “first report of injury or illness” (FROI) with the Mississippi Workers’ Compensation Commission (MWCC).
5. The investigation. Winning a claim usually requires the presentation of a lot of evidence. Your attorney, the employer, and their insurance provider will all likely conduct separate investigations and collect evidence.
6. Apply. There is an official form to complete and documentation to submit for a successful claim. A Jackson workers’ compensation lawyer at our firm can take care of the paperwork for you.
7. The compensability analysis. Your employer will notify their insurer about the injury, and an adjuster will likely launch a compensability analysis to determine whether to accept or reject your benefits claim.
8. Receive notice of election/revocation. Your employer’s insurance company determines whether you meet the requirements for workers’ comp, then rejects or accepts the claim. You will get an answer in writing. If your request is denied or “exempted from coverage,” you can challenge the decision by filing a “Petition to Controvert” with the MWCC.
9. The insurance adjuster and your lawyer will separately calculate your benefits by adding up your past, current, and future medical expenses, qualifying related costs, and decreased quality of life. They will also determine your average weekly wage based on the last 52 weeks of earnings. Tabor Law Firm, P.A., negotiates aggressively to get injured workers maximum compensation. We know that accepting less than you deserve could be financially devastating for you and your family. That’s why we litigate most of the claims we handle.
10. Collect benefits. If negotiations fail, you can file a Petition to Controvert requesting a hearing with an administrative judge. If you disagree with the judge’s decision, you can go through the appeals process. Once an agreement is reached or ordered, it’s time to start collecting benefits. Mississippi pays workers’ comp benefits weekly, biweekly, and in lump sums. You get a last payment notification when your benefits expire. Then, within 30 days of the last payment, the insurance company files a Report of Payment and Settlement Receipt with the commission.
11. Case closed. Claims are closed once the statute of limitations expires, typically 1-2 years or the final payment has been made.

Should I hire a workers’ compensation attorney?

Mississippi has one of the lowest workers’ comp benefit rates in the country. It’s important that injured workers get every cent they deserve to avoid paying for expensive medical treatment out of pocket. Tabor Law Firm, P.A., has more than 30 years of experience handling workers’ comp claims. We litigate most of our workers’ comp claims that we handle because we don’t settle for lowball offers. As a result, our law firm has recovered millions of dollars in benefits for injured employees.

If you were injured at work or a loved one died due to on-the-job circumstances, contact us for a free case consultation. A member of our team can explain how the process works and help you decide what to do next. Contact us to schedule your free consultation right now.