How Long Do I Have to Sue for a Work-Related Injury in Mississippi?

An experienced work injury attorney explains the statutes of limitation

Most work injuries can be resolved with a workers’ compensation claim, but sometimes, a lawsuit is necessary. The statute of limitations (legal deadlines) for workers’ compensation claims and work injury lawsuits varies depending on the circumstances.

Some of the most crucial deadlines and limits in the Mississippi workers’ compensation system are:

You have 30 days to notify your work about an on-the-job injury.
1 year to file an assault claim (if you were injured at work in this manner).
2 years or less to file a workers’ comp claim.
3 years or less to file a work injury lawsuit, personal injury claim or lawsuit, or take wrongful death action.

Only a lawyer can accurately analyze your case and determine when the statute of limitations will expire. They can tell you if you qualify for workers’ comp, a third-party lawsuit, or another injury remedy.

Experience matters

Based in Ridgeland, Tabor Law Firm, P.A., has more than 30 years of experience working with the Mississippi Workers’ Compensation system to get maximum benefits for injured employees.

A workers’ compensation lawyer at our firm knows how the three-member commission operates. We regularly work with the judges conducting comp hearings. We can use our insider knowledge and professional network to keep your case moving forward.

If you were injured due to work, contact us for a free case consultation. A member of our team can answer your injury-related legal questions and help you decide what to do next.

When to file a work injury lawsuit

While most work injuries are resolved by the workers’ compensation claim process, there are times you might want to consider filing a work injury lawsuit. Here are some situations where a lawsuit may be appropriate:

In addition to workers’ comp. If you were injured at work through circumstances that were not under the control of your employer, you might have a strong civil lawsuit for injury compensation. Examples of potentially liable third parties include subcontractors and defective parts manufacturers.
Instead of workers’ comp. Companies that do not subscribe to workers’ comp or maintain their own injury reserve may face lawsuits from injured employees. These include companies with fewer than five employees, most but not all farm labor, nonprofits, religion, cultural organizations, and federal employees.
Against your employer. Generally, you cannot sue an employer for a work accident and injury if they are a workers’ comp subscriber, but there are exemptions. You might have a strong lawsuit against an employer if you were injured due to:
– Intentional acts of harm.
– Covering up a work accident resulting in death or injury.
– Failing to give workers proper personal protection or safety equipment (PPE).
– Failing to instruct workers how to use that equipment.
– Sending workers to previous workplace accident areas where hazards remain.
– Mississippi workers’ compensation law cannot remedy the circumstances.
Employer doesn’t have workers’ comp or a similar reserve. The employee is free to sue the employer outside the workers’ compensation system and pursue remedies he has under common law if no insurance is available.
You were assaulted. Worker-on-worker assaults are relatively common in Mississippi. Tensions often run high in stressful work environments. Assaults are severe if the victim has a pre-existing condition that worsens the new injury. You have one year to seek damages from an assault.
Bad faith. Insurance providers are required to negotiate settlements in “good faith.” That means they are legally mandated to work toward a resolution that meets your needs. Unfortunately, meeting your needs is the last thing on an insurance adjuster’s mind. Their job is to save the company money by denying claims or paying out as little as possible. They don’t care if you ever heal. If you have a lawyer, most insurance adjusters will work harder to come to an agreement to avoid an expensive lawsuit.

Thinking about filing a work injury lawsuit in Mississippi?

The negligent party’s insurance company may attempt to downplay or deny your claim. They may even try to pin the blame on you. That’s why you need an experienced attorney to protect your rights.

Tabor Law Firm, P.A., has a reputation throughout the state as a trusted workers’ comp practice that gets results. We fight tooth and nail for the compensation you deserve. We offer free case consultations to injured workers. If you were injured on the job or a loved one died at work in Mississippi, contact us for a free consultation today. We can help you decide what to do next.