Thousands of workers in Mississippi are injured or killed every year on the job. After an injury or death, these individuals or their families are left to sort out the consequences of workplace injuries and figure out how to put the pieces of their lives back together. Naturally, many individuals or their families have questions about suing the employer for the injuries sustained or for the loss of the life of a loved one. In fact, many of these individuals and family members often seek the advice of our law firm about their legal options. This article summarizes the rights of an individual injured as a result of a workplace accident in Mississippi.
Nearly all states have established some form of mandatory workers’ compensation insurance cover by employers for employees injured or killed as a result of a workplace accident. The federal government also has a workers’ compensation program for federal employees injured or killed on the job. Benefits are provided on a no-fault basis. Employers pay workers’ compensation premiums, which premiums vary based upon a number of factors. These factors include the type of business in which the employer is engaged; the history of other injuries and deaths of employees of the employer; training and safety programs utilized by the employer; and hiring practices. Workers compensation premiums can range from a few thousand dollars a year to hundreds of thousands of dollars or more every quarter.
In exchange for the mandatory nature workers’ compensation insurance, employers receive the benefit of severe restrictions on the ability of employees to sue employers for workplace or work-related injuries or deaths. In all states in which a mandatory workers’ compensation program exists, jurisdiction for lawsuits against employers for work-related injuries or deaths is limited to a specific agency handling only these types of matters. In Mississippi, the agency is the Mississippi Workers’ Compensation Commission.
The Mississippi Workers’ Compensation Commission was established in 1948 as a result of the passage of the Mississippi Workers’ Compensation Law. The Commission is responsible for overseeing claims that are filed under the Workers’ Compensation Law. Under the Workers’ Compensation Law, an employee is entitled to payment for medical benefits and payment for lost wages. The amount of benefits to which an individual is entitled is based upon very detailed schedules of injuries. Medical charges are also subject to very detailed schedules of reimbursement rates. The family of an individual who has died as a result of a workplace accident or injury is entitled to benefits in the form of prospective wages of the deceased individual, as well as funeral expenses up to $5,000.00.
Benefit payments are made for a maximum of 450 weeks. This duration is for permanent and totally disabling injuries or death; less severe injuries will be covered for a shorter duration, depending upon the nature of the injury. For the year 2013, the maximum weekly benefit payment is $449.12; the maximum lifetime benefit is $202,104.00.
If the employer or insurer does not commence paying benefits as required under Mississippi law, or an employee believes he or she is not receiving all of the benefits to which he or she is entitled, an employee should file a claim with the Mississippi Workers’ Compensation Commission. An employee has two years after the date of an injury to file a claim with the Commission for workers’ compensation. The Commission has its own judges that operate outside of the traditional judicial system to evaluate and rule on workers’ compensation claims.
Barrett Law, PLLC has significant experience representing individuals injured or killed in the workplace in the Lexington, Mississippi, area. If you or a family member has been injured as a result of a workplace accident or other act, please contact our office today to schedule an initial, no-cost consultation to discuss your rights. We can be reached (800) 707-9577.