This blog is the second installment of our two-part article covering many common legal issues and questions our Jackson workplace injury lawyers receive from injured workers. While our lawyers have attempted to answer frequent questions, the best way to obtain more specific information about your unique situation is to speak to an experienced worker’s compensation lawyer. We invite you to call Barret Law to speak to an attorney at 800-707-9577.
Will medical providers under the worker’s compensation system charge deductibles or co-pays?
Injured workers do not have to pay any amount of money to receive medical care under the worker’s compensation system. While an employer can work out a deductible arrangement with his or her worker’s compensation carrier, benefits are free to employees injured while engaged in work-related functions.
Will an injured worker receive compensation covering all days off work because of a workplace injury?
If an injured worker is only unable to earn a normal wage because of injury for less than fourteen days, compensation for wage loss will not be paid for the initial five days of missed work. However, workers who are disabled for at least 14 days receive wage loss benefits for the entire period of their disability including the first five days of missed work.
Can an employee be denied worker’s compensation benefits if I am negligent?
Subject to limited exceptions, the fault of an injured worker typically is not relevant to an employee’s right to receive worker’s compensation benefits. There are a few extreme scenarios where fault can be relevant, such as the following:
- Engaging in a fight for reasons that are not work-related
- Drug or alcohol intoxication on-the-job
- Self-inflicted or intentionally incurred injuries
- Injury while engaged in horseplay
Does a waiting period apply to the receipt of medical benefits?
An employee does not need to comply with a waiting period to receive medical benefits. Employees qualify for worker’s compensation benefits from the first day of hiring and can receive medical benefits as soon as an injury occurs.
Can I select my physician or must I see the doctor my employer wants me to see?
Unlike in some other states, Mississippi workers have a right to select their physician or medical provider to treat a workplace injury. Further, the selected physician may refer the worker to a specialist without obtaining approval or consent from the worker’s compensation carrier or employer. However, subsequent referrals must be approved in advance. Workers also have the right to select healthcare professionals other than an M.D.
Are injuries suffered during work-related travel covered by the worker’s compensation system?
If travel constitutes an integral aspect of the employee’s job and entails a risk more serious than a typical commute, injuries while on trips are covered. For example, an administrative staff person who flies to a company meeting out-of-state should be able to pursue a claim for benefits. However, injuries in the company parking lot or during breaks or the lunch hour generally will not qualify for coverage.
What is an “occupational illness” in the context of a worker’s compensation claim?
An occupational disease is defined under Mississippi’s worker’s compensation act as a disease contracted during employment where the nature of the job placed the worker at greater risk of contracting the illness than someone in the general population. A condition that is purely psychological will not be covered unless it specifically arises from a work-related injury. In other words, mental conditions caused by job stress are not compensable injuries. When job-related stress causes a physical injury, the claim might be covered if the stress experienced exceeds the amount encountered in most types of jobs.
At Barrett Law, our Jackson Workplace Injury Lawyers are here to help. Contact our law firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.
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