Workers’ Compensation insurance is intended to make certain that a person injured in a workplace accident can receive compensation for the harm that was done, but Mississippi law imposes significant restrictions on the amount of money that can be paid out, so it is important to evaluate the true causes of the workplace accident carefully.
Workers’ Compensation insurance is intended to cover wages that were lost while the employee recovers from the injuries that he suffered while on the job, as well as reimbursement for medical bills and expenses, and compensation for pain and suffering. While this sounds good in theory, the fact is that there are such low monetary caps and hoops through which to jump, that many victims do not receive enough money to meet their financial obligations, let alone get compensation for the pain and suffering that they have endured.
There are many instances where an employee will be injured at work and his employer will attempt to talk him out of filing a claim in order to avoid having the insurance rates go up. In other cases, the insurance company attempts to avoid or minimize payment as their financial success is contingent on paying out as little as possible on claims. Skilled Workers’ Compensation attorneys can get you over these hurdles. However, there are other times when the injury that occurred was the result of third-party negligence and it may be possible to recover compensation from other individuals or business entities, which is not capped by Mississippi’s Workers’ Compensation laws.
A workplace accident might be caused by the negligence of others, including:
- A defective part as the result of a manufacturing error;
- Negligent work by outside contractors;
- Injuries caused by a negligent driver while the employee was acting within the nature and scope of his job while traveling off-site;
- A dog bite where the employee carrying out work-related duties; and
- Slip and fall injuries in off-site location.
A person who was injured at work may receive money through Workers’ Compensation and still bring a separate legal action against the wrongdoer who caused or contributed to the harm that was suffered.
The third-party who might be liable for the harm that you suffered, at least in part, might be:
- Another individual who performed some service or supplied equipment as an independent contractor or outside vendor;
- A different company that supplied workers or equipment;
- The manufacturer of defective parts or equipment; or
- A government entity.
Many cases involve a situation where there is a combination of employer fault and third-party negligence. In these cases, the Workers’ Compensation payment may provide critical monetary assistance while the employee cannot work while also allowing the injured party the time to bring a claim against the third-party who contributed to the harm suffered. An example of when this happens is when there is a piece of machinery that is critical to the ongoing business operations, but the employer learns that many of these machines have a manufacturing defect that makes them dangerous. In order to avoid a stoppage of work, the employer does not replace the equipment and an employee gets hurt. The employee may recover money under Workers’ Compensation and bring a claim against the manufacturer of the machine.
When Workers’ Compensation was developed, it was viewed as a means of making sure that employees were compensated for injuries while protecting employers from litigation. The system is not perfect and there are many instances where the compensation available is not sufficient to meet the legitimate needs of the injured employee. A careful review of the case may reveal that a third-party claim is possible.
A workplace injury causes serious problems for many people employed throughout Mississippi. Workers often think that they are limited to what they received from a Workers’ Compensation claim, but a third-party claim might be possible. The dedicated and experienced Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC will evaluate your case during a free initial consultation and discuss your legal rights with you. To schedule an appointment, call us at (800) 707-9577. We do not collect any fees unless we recover compensation for you.