If you suffer a significant injury in the workplace, you must overcome a variety of physical, emotional, and financial hardships. While the Mississippi worker’s compensation system is designed to compensate injured employees facing these hardships, many people injured in the workplace do not understand the system or their legal rights. Our Mississippi worker’s compensation attorneys receive many questions about on-the-job injuries and worker’s compensation claims, so we have attempted to answer some of those questions in this two-part blog post.
What does an employee need to do in the event of an accident resulting in injury?
If you experience a work-related injury, an important first step is to notify immediately your supervisor or another individual designated by your employer. While you should try to notify your employer within thirty days of the incident causing injury, the right to benefits will be barred if the claim is not filed with the Workers’ Compensation Commission within two years unless you have received disability benefits during this period.
Injured workers also need to seek prompt medical attention after suffering a workplace injury. The employee should inform their healthcare professional their injury occurred on-the-job because this information can be used to support your claim if the employer or the insurance carrier contests that the injury occurred on-the-job. After you inform your employer of your injury, the company must file a report describing the injury with the Mississippi Compensation Commission and notify the company’s worker’s compensation carrier.
What medical benefits are covered by a worker’s compensation claim in Mississippi?
Under Mississippi’s worker’s compensation system, injured employees are entitled to all necessary and reasonable care for maximum recovery from the injury. The broad scope of medical costs covered by worker’s compensation benefits includes physical therapy, doctors’ appointments and services, hospitalization, nursing services, crutches and other needed medical apparatus, physical rehabilitation, and medications. Medical benefits also include mileage reimbursement for medical appointments also are covered. Certain types of rehabilitative services also fall within the covered benefits.
Does the worker’s compensation system provide any benefits if my loved one passes away because of a job-related injury or occupational illness?
If a job-related injury causes death, the worker’s surviving spouse and specific surviving dependents can be entitled to certain death benefits. These benefits include payments every 14 days which might continue for up to 450 weeks following the worker’s death. The amount of the payments will be based on a percentage of the deceased employee’s wage subject to weekly maximum amounts. The insurance company also will provide up to $5,000 for funeral expenses along with a $1,000 immediate lump sum payout to the surviving spouse.
What is the amount and duration of wage loss payments for an on-the-job injury?
If an employee suffers permanent total disability, the duration of payments will be 450 weeks. For lesser injuries, the period payments are made will be shorter. Depending on the type of injury and extent of disability, wage replacement payments can be as much as 2/3 of the employee’s weekly wage subject to a maximum weekly amount.
At Barrett Law, our Mississippi Worker’s Compensation Attorneys 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.