Our Mississippi Worker’s Compensation Attorneys at Barrett Law, PLLC receive certain questions from employees injured on-the-job on a frequent basis. Many of these inquiries are a product of the complex and difficult process of pursuing a valid claim. While the best legal advice about worker’s compensation issues can be obtained by talking with an experienced work-related injury attorney, we have provided answers in this two-part blog to ten of the most common questions we hear for injured workers looking for general information. If you have further questions or concerns, we invite you to contact us to schedule a free consultation.
What is the worker’s compensation system?
The worker’s comp system furnishes injured workers with benefits through a no-fault insurance plan that most insurers in Mississippi are required to carry. The objective of this system is to make access to certain benefits available to workers who suffer an injury or occupational illness in the workplace without the delay and complexities of civil litigation. Companies required under Mississippi law to obtain worker’s compensation coverage (or to self-insure) will have insurance to compensate injured employees with wage loss and medical benefits. This method of compensating injured workers eliminates the need of a claimant to prove negligence by the employer. However, the benefits paid pursuant to a worker’s compensation claim will constitute an exclusive remedy against an employer in most cases.
What benefits can an injured worker pursue through a claim?
The two most important forms of benefits that an employee can qualify to receive include wage loss and medical benefits. If an employee suffers temporary disability from employment, the worker can receive up to two-thirds of his or her weekly income. However, the amount of money received is subject to certain caps. These payments, which continue during the course of treatment and until the claimant can return to work, are referred to as “temporary disability payments.” At some point, the treating physician will determine that the worker has reached a point of maximum improvement. If the employee has a permanent disability or handicap, he or she can qualify for further wage benefits referred to as “permanent disability payments.”
The other key form of benefits available through the worker’s compensation system are medical benefits. An injured worker is entitled to obtain medical care and services that are necessary and reasonable until the claimant reaches the point of maximum recovery. The coverage extends to a broad range of health care services, such as doctor’s appointments, medications, travel reimbursement for appointments/medical procedures, nursing services, physical therapy, medical devices/apparatus, and other needed medical services. Depending on the circumstances, the claimant also might be eligible for certain rehabilitation services to facilitate the worker’s ability to re-enter the job market.
Who is covered under the worker’s compensation system in Mississippi?
An employer with five or more regularly employed workers is required to carry worker’s compensation insurance or to self-insure. Some employers with fewer than five workers voluntarily obtain coverage. Certain companies are exempt from the requirements of Mississippi worker’s compensation laws, including charitable, fraternal, non-profit, or religious organizations. Agricultural and domestic workers also fall outside the scope of the worker’s compensation system. Individuals employed by the federal government and certain other workers are not covered, so an employee who suffers a workplace injury or occupational illness should seek legal advice from an experienced Jackson worker’s compensation lawyer if he or she has any uncertainty about coverage.
Workers need to be aware of an important and sizeable exception to worker’s compensation that applies to independent contractors. Benefits eligibility depends on the employee status of a claimant. Employers often mischaracterize workers as independent contractors to avoid certain expenses, such as worker’s compensation insurance. Fortunately, the existence of an independent contractor relationship is not controlled by the designation made by an employer or an agreement between the parties. Our law firm investigates the extent of the control exercised by a company over the employee to expose attempts to obscure the existence of an employment relationship.
Our Mississippi Worker’s Compensation Lawyers at Barrett Law, PLLC have successfully represented many injured employees in obtaining worker’s compensation benefits and damages in third-party lawsuits. At Barrett Law, we are here to help. Contact our firm today at 800.707.9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.