Over three million workers each year will experience a non-fatal occupational injury or illness. Injuries vary from minor cuts, scrapes, or falls that will require little medical care, to catastrophic and debilitating harm that may leave employees disabled for a lifetime. Sadly, thousands of Americans die from workplace injuries, including 60 individuals last year in Mississippi alone.
In Mississippi, as in nearly all states, employers with over five employees are required to carry workers’ compensation insurance. This insurance will cover the medical costs and lost wages of injured employees. There is no need to prove fault in order to receive benefits. Workers’ compensation insurance will cover any injury and most illnesses or diseases that arise out of the course and scope of employment. It does not matter how slight or grave the injury or illness, it will be covered. Certain employees, such as farm laborers and employees of non-profit charitable organizations are not covered under the law. While it provides broad coverage, workers’ compensation does limit your recovery against the employer. In some scenarios, injured employees may have a basis for a personal injury lawsuit if the injury resulted from the negligence of a third party.
If you have suffered a workplace injury, you likely have many questions regarding your rights. The following is a list of the top five things you should know concerning workplace injuries or illnesses:
- Always report your injury or illness that may be due to your job – you must make an official report to the appropriate party, which could be your HR department, supervisor, or risk-management department, as soon as the injury or illness occurs. Sometimes, it is not immediately apparent your injury is due to your job, as in the case of arthritis or back problems. In this scenario, report the injury or illness as soon as the connection is made by your doctor. You should receive an incident report to fill out. Make copies of everything along the way.
- Visit the appropriate medical provider – in the event of an emergency, travel via ambulance to the nearest trauma center. For non-urgent situations, you have the right in Mississippi to select one medical provider of your choosing to render treatment. This provider may make one referral without approval from the employer. However, any further referrals must be approved by the employer in advance. Using a different physician, clinic, or hospital could result in your medical bills not being covered under workers’ comp.
- Notify medical personnel that you were injured on the job – hospitals and doctor’s offices will require you complete a form that asks whether the injury or illness is workplace related. Be sure to state that it is, as this will ensure your bills are directed to your employer or insurance company instead of you.
- Consult with a workers’ compensation attorney – it is always best to consult with a licensed attorney in your area when you have been injured on the job. Employers and the insurance company are not always forthcoming with providing the requisite medical and wage coverage. Further, in some instances, you might be entitled to additional recovery outside of the workers’ compensation laws. A knowledgeable workplace injury attorney can ensure you receive the recovery to which you are entitled.
- Wage loss payments are capped – if you suffer fewer than 14 days of disability, which is defined as days you are unable to work due to injury, wage loss payments are not made for the first five days. If you miss more than 14 days, payment will be for all days. Wage loss payments are up to two-third the employee’s average weekly wage, not to exceed $454.42 for 2014. Disability benefits are also capped over one’s lifetime. The cap for lifetime disability in 2014 is $204,489.00.
At Barrett Law PLLC, our experienced Mississippi workplace injury attorneys will fight tirelessly to see that you receive the compensation you deserve for your occupational injury or illness. With decades of experience in the industry, our stellar reputation speaks for itself. Call Barrett Law PLLC today at 1 (800) 707-9577 to schedule a free initial consultation.