When a worker is injured on the job, it is likely that the person will receive some type of compensation in order to heal from his injuries while he is unable to work. Most businesses in Mississippi with more than four employees are required to provide workers’ compensation insurance coverage, with some limited exceptions for charitable organizations and several other employers. The type of compensation that a worker can receive depends on the nature of the injury and the long-term prognosis.
There are three types of benefits for an employee injured while performing work-related duties, although only two of these benefits are mandatory under the current terms of the act. These are:
- Medical Benefits – The employee is entitled to have his medical bills paid for any injuries reasonably related to the work activities. An employee cannot be made to pay for the copayment under these circumstances. Many times, the employer will attempt to force the employee to go to a “company doctor,” but the employee has the right to choose his physician. The benefits should cover doctor’s bills and hospital charges, necessary nursing care, medications, rehabilitation, required medical devices and equipment, and travel reimbursement.
- Wage Benefits – An employee who is unable to work because of the injury is entitled to compensation. Under Mississippi law, an employee may receive up to two-thirds of the weekly wage that he was earning prior to the injury. The compensation must be paid out to the employee every two weeks. In addition, the determination of the treating physician will dictate whether the compensation is temporary, permanent, partial, or full. There are times when a person may be out entirely, but a complete recovery is expected, in which case the employee will receive temporary full benefits. An employee who never will be able to work again will receive permanent benefits for a period of up to 450 weeks. There may be an employee who can work on a part-time capacity, but may not return to full-time employment and they will receive a pro-rated, or partial, permanent benefit. Workers’ compensation payments are tax-free, so that covers some of the discrepancy between a full-time salary and benefits.
- Vocational Benefits – There are times when an employee’s injury will prevent him from returning to the same type of work that he performed before the accident. Under these circumstances, there may be an evaluation about whether training or education could prepare the employee for another type of work. The employer can agree to this vocational benefit or the Mississippi Workers’ Compensation Commission could order it. The benefit for vocational rehabilitation will not exceed $10 per week for 52 weeks. At this time, employers are not required to provide coverage for this benefit, but it is recommended.
In addition to these benefits, the family of an employee who is killed on the job may be entitled to receive death benefits. The surviving spouse may receive a lump sum benefit, a payment for funeral expenses (as determined by statute), and weekly benefits for dependents. These dependents must have qualified as such at the time of the employee’s death. Depending on the circumstances, the beneficiaries may be a spouse, the employee’s children, grandchildren, siblings, parents, or grandparents. The beneficiary has the burden of proving that he or she is entitled to benefits under the Workers’ Compensation Act.
An employee who is injured on the job may believe that workers’ compensation will cover all of his needs without any further action, but the employer and insurance company are motivated to limit the payout as much as possible. The experienced and dedicated Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC are prepared to fight to get you the maximum benefits to which you are entitled. Call us at (800) 707-9577 for a free consultation.