Experienced Mississippi Workers’ Compensation Attorney Explains Workers’ Compensation Retaliation

All employers here in Mississippi have a legal duty to pay into the workers’ compensation system.  The point of workers’ compensation is simple: employers pay into the system so that workers’ injuries are paid for in the event of a workplace injury.  Employees are covered by workers’ compensation even if the injury was the result of their negligence. Accordingly, it is not a black eye for employers or a sign that they have an unsafe workplace if an employee collects workers’ compensation. However, many employers view a claim as an attack and illegally retaliate against injured employees.   I have written the following blog post to help people understand workers’ compensation retaliation, its signs, and what to do if you are retaliated against.

If you or a loved one was injured at work and has subsequently experienced retaliation, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for his or her injury, recovery, and the harm caused by the retaliation. Barrett Law has the experience to help you if you.  Contact us now at (800) 707-9577.

Workers’ Compensation Retaliation—Why Does It Happen?

As I indicated above, it is not necessarily an indication of an unsafe workplace when employees file a workers’ compensation claim. So why do employers retaliate? In some cases, if a certain number of employees file workers’ compensation claims, the employer’s workers’ compensation insurance premium can increase. That ends up becoming an actual cost that is imposed upon the employer.  Also, some employers simply have an emotional response to any claim filed against them and act defensively and retaliate against the employee making a claim.

What Does Workers’ Compensation Retaliation Look Like?

Most commonly, workers’ compensation retaliation looks like adverse action against the employee shortly after the employee files a claim, has a claim denied or has a claim granted.  One thing to keep in mind is that it does not matter if your claim is denied or granted if your employer takes adverse action against you—denial of ordinary vacation leave, termination, denial of a promotion—it is illegal retaliation.  Many employers erroneously believe that once your claim is over, they can take adverse action against you. That is incorrect.

What Should You Do if You are the Victim of Workers’ Compensation Retaliation?

If adverse employment action such as termination, harassment, or denial of ordinary leave or pay raises occurs after you file a workers’ compensation claim, you may be the victim of retaliation.  First, you should contact an experienced Mississippi workers’ compensation attorney immediately.  Second, request and retain all records pertaining to your medical file, your personnel file, and any discipline you have received.  Also, request a copy of your employer’s employee handbook and any employee policies. Third, do not talk to coworkers about the matter and stay off of social media regarding the incident; people often complain or vent online, and these statements can come back to haunt you later.

If you were injured at work, regardless of fault, you have every right to file a workers’ compensation claim.  It is illegal for your employer to take any action against you in retaliation for filing that claim. You should be compensated for medical costs, loss of work, and damages related to the retaliation such as back pay and loss of future earnings.  Let experienced counsel take care of preserving medical records, documenting the accident, attaining expert opinions, and dealing with your employer’s attorneys. These are essential tasks that only a workers’ compensation attorney can handle for you.

Call Barrett Law now, an experienced Mississippi workers’ compensation law firm, to represent you if you have suffered an injury in the workplace or suffered retaliation as a result of your report. Contact us now at (800) 707-9577.

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Experienced Mississippi Worker’s Compensation Attorney Provides an Overview of New OSHA Rules Regarding Injury and Illness Reporting

Workplace injuries and illnesses are universal, regardless of whether you work on a fishing boat, an oil rig, or in a cubicle.  As a result, most people are aware that all Mississippi employers must carry worker’s compensation insurance. What many people do not know is that large employers must also report their employees’ work-related illnesses and injuries to the federal Occupational Health and Health Administration (OSHA) for tracking purposes. These statistics allow the federal government, unions, and employees to track health and safety issues at employers.  The Trump administration has made a significant change in these reporting regulations, however, and I wanted to highlight the differences and how they will likely affect Mississippi workers.

If you have sustained a workplace injury, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (800) 707-9577.

New OSHA Reporting Regulations for 2019

This past January, OSHA revised the rules regarding workplace illness and injury reporting requirements. This revision eliminates reporting requirements instituted by the Obama administration that required businesses employing 250 employees or more to file electronic reports describing all employees’ illnesses and injuries. Companies must still keep these records, but they no longer have to submit them electronically to OSHA.

Is this change a positive or a negative for employees?  It is hard to say.  OSHA contends that this is a net win for employees, as the records that had previously been submitted contained sensitive employee information regarding health information.  OSHA’s position is that it was too much of a risk to employee privacy to be providing this information electronically. Additionally, the agency sees this change as a business-friendly move to relieve an administrative burden. Critics contend that this is a move away from employer transparency and that OSHA’s shift in position will allow large companies to keep unsafe work conditions shielded from outside eyes. The ultimate answer to this question may come from the courts, as six states are suing OSHA to reinstate the Obama-era rules. The states involved claim that the change in policy will have the net result of making workplaces in their states more dangerous.

I am on the fence regarding these changes.  I do not have tremendous confidence in OSHA’s ability to keep sensitive employee data safe, but believe that that justification is likely just an excuse to remove an onerous responsibility from employers.  Employers must still compile the data in question and make it available to OSHA inspectors, but I have to wonder if administrative pressure on OSHA will also make these inspections occur less frequently.  In the end, I anticipate that this is a growing trend in making workplaces less safe for workers.

What Should You Do If You or a Loved One Has Been Injured or Sickened at Work?

If you or a loved one was injured or sickened in a workplace accident, you are due compensation for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. But finding the right type of claim that can make you most whole requires careful analysis and thoughtful legal advice.  Call me today to begin the most critical legal conversation of your career.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you have suffered an injury in the workplace. Contact us now at (800) 707-9577.  The seasoned Mississippi Worker’s Compensation Attorney is ready to assist you now!

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Experienced Mississippi Worker’s Compensation Attorney Explains Skid Steer Accidents

One of the most common pieces of machinery that I see on Mississippi work sites is the skid steer, or, its brand name, the Bobcat. These small, practical pieces of machinery are ubiquitous on work sites because they can perform a wide variety of tasks and, unlike larger machines, are relatively easy to learn to use. But I say “relatively” because these machines are capable of tremendous damage, and I see clients who come in with skid steer injuries caused by rookie operators.  Because skid steer injuries are so common, I have written the following blog post to detail what you should do if you or a loved one is injured in a skid steer accident while on the job.

If a skid steer injured you or a loved one while at work, one thing is critical to know—you will need to have experienced worker’s compensation counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (800) 707-9577.

Skid Steer Safety Basics

Skids steers are lightweight, agile, and capable of lifting large loads; but those attributes become liabilities in the hands of an inexperienced operator.  The most common skid steer accidents involve other workers being entrapped within the skid steer’s mechanisms, run over, or being caught under tipped skid steers.  That is often because a novice operator is overly focused on loading or dumping the machine and is not sufficiently focused on his or her surroundings.  The following are basic rules for working with and around skid steers:

Never Use a Skid Steer to Transport People—while it may sound fun or easy to take a quick ride across a job site in a skid steer’s bucket, this is incredibly dangerous.  Skid steers can rock violently, throwing or crushing bucket passengers.

Never Leave a Skid Steer Running—it can be inconvenient to go through the startup process every time you get in or out of a skid steer.  However, many injuries stem from people climbing in or out of running machines and accidentally engaging its lifting arms or treads. If either happens, a person standing on the treads can be crushed by their movement or by a lifting arm that traps a finger or arm in between two pieces of metal.

Keep Clear of Skid Steers While They Are Operating—unlike a car, skid steers do not have rearview mirrors and have large blind spots. Give operators a wide birth.  Similarly, avoid working on slopes in skid steers and avoid them when they are working on an incline. While skid steers are agile climbers when they are climbing up a hill, they are prone to tipping if their treads are parallel or close to parallel with a slope.

What Should You Do If You or a Loved One Has Been Injured on the Job by a Skid Steer?

If you or a loved one was injured on a worksite by a skid steer, you will need experienced personal injury counsel to help you through the Mississippi worker’s compensation process. Once a claim is filed, let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the worker’s compensation board. These are essential tasks that a personal injury attorney can handle for you while you heal and work to get back to work.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you have suffered an injury on the job. Contact us now at (800) 707-9577.

 

 

 

 

 

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Experienced Mississippi Personal Injury Attorney Describes How to Avoid Common Mistakes in the Workers’ Compensation Process

Workplace injuries are common here in Mississippi. Too often, unfortunately, people misunderstand the way the workers’ compensation process works and unwittingly deny themselves benefits that they deserve. The first mistake people make is not getting in touch with an attorney experienced in Mississippi workers’ compensation law. Because I so frequently see this sort of mistake, and others, I have written the following blog post to describe common mistakes people make in the workers’ compensation process.

If you were injured or a loved one was injured or killed as a result of medical care, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (800) 707-9577.

How to Avoid Common Mistakes in the Workers’ Compensation Claims Process

Failing to report your injury promptly is the most common mistake I see. Employees sometimes believe that they are going to get in some trouble for being injured. Other employees feel that because their own negligence or recklessness caused their injury, they will be disciplined for becoming injured. These instincts are wrong. You should immediately report all injuries.  If you delay, doubt creeps into the process as well as a suspicion that you are making a workers’ compensation claim for a preexisting or injury.  Reporting your injury as soon as it happens means that no such doubt can exist. Also, remember that you are due compensation for your injuries even if your recklessness or negligence caused them.

Make your report to your employer in writing.  While you may be in too much pain to file a written report immediately, follow-up with a written statement within 24 hours referencing your initial, oral report of the incident.  You do not want there to be any question regarding when and where you were injured, and an oral statement is not sufficient to rely on long after memories have faded.

If you do not immediately report your injury, you still need to report it within 30 days of the occurrence.  After 30 days, your claim may be denied as untimely. Additionally, strictly adhere to any workplace policies regarding workers’ compensation reporting.

Seek medical treatment and assessment immediately, even if you do not feel that anything is wrong.  Again, you want to position yourself so that no one can claim that your workers’ compensation claim is a false, retroactive claim for an injury that was caused outside of work. The best way to document your injury is to have a physician perform a physical immediately after your injury occurs.  This also provides a baseline against which to compare any subsequent degradation in your physical condition.

What Should You Do If You or a Loved One Has Been Injured on the Job?

You have a right to file a workers’ compensation claim if you were injured while on the job. That is true even if the injury is the result of your fault. Having If you or a loved one was injured or killed as a result of a medical error, you might have a malpractice claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the hospital’s attorneys. These are essential tasks that a personal injury attorney can handle for you and that you cannot handle alone.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury. Contact us now at (800) 707-9577.

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Experienced Mississippi Worker’s Compensation Attorney Discusses Common Reasons for Denials of Worker’s Compensation Claims

If you have been injured in a workplace accident here in Mississippi, you should be compensated for lost wages as well as for the costs of your treatment and rehabilitation through worker’s comp. This is true even if your injury is due to a mistake or negligence on your part. But it is not unusual for an employer or the employer’s insurance company to deny worker’s comp claims. I often have clients come to me distraught when their claim is denied, and I commonly find myself explaining the most common reasons for denials.  I listed the most common reasons for denial below.

If you or a loved one were injured in a workplace accident, you must find experienced counsel to help you attain your fair share of compensation for your loss of income, pain and suffering, and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (800) 707-9577.

The Most Common Reasons for Worker’s Compensation Benefits:

Your Employer Does Not Believe You–If your employer believes either that you are not injured or that an event outside of the workplace caused your injury, your claim may be denied.  Accordingly, you should avoid anything that will suggest that your injury is not work-related. Worker’s comp does not cover injuries that occur while you commute or are on a break, and employers often argue that this was when their employees’ injuries occurred.

You Did Not Report the Injury Immediately—You do not want your employer to question the legitimacy of your injury. And if you’re going to avoid your employer’s skepticism regarding your injury, report it as soon as the injury occurs.  Serious medical conditions often take a long time to arise and often arise from seemingly minor trips and falls.  As a result, report all accidents, whether large or small, immediately. If you fail to report the injury when it occurs, your employer will likely believe you were injured outside of work and are just conjuring a past accident to claim benefits.

You Did Not Seek Immediate Medical Attention–Reporting your injury immediately is only half the battle. If you fail to seek medical attention promptly, your claim may be denied. In essence, your employer is arguing that you are using an innocuous or not-serious event to seek medical treatment for some other injury that is unrelated to your work.  Imagine an employee has a longstanding back problem that was caused by his or her days playing high school sports.  He or she then slips and falls at work, but has no apparent injury and does not go to the doctor.  Months later he or she files a claim for the slip and fall and follow-up back surgery.  The employer is likely to believe that the slip and fall is merely a proxy for the pre-existing injury that is unrelated to your work.  Seek medical attention immediately, even if you do not feel injured, the medical records will create a baseline against which future injury or pain can be measured.

What Should You Do If You or a Loved One Has Been Injured in the Workplace?

If you or a family member were injured in the workplace, you should be compensated under Mississippi’s worker’s compensation program. The Mississippi Workers’ Compensation Board should also compensate you for your time away from work and medical expenses. Properly filing your claim at the correct time could mean the difference between being amply compensated and receiving nothing. Let experienced counsel take care of organizing your bills, attaining statements from medical providers, and dealing with your employer’s attorneys and insurance company. These are just a few of the critical, complex tasks that a worker’s compensation can attorney can handle for you while you concentrate on healing and getting back on your feet again.

Call Barrett Law now, an experienced Mississippi worker’s compensation firm, to represent you if you have suffered an injury due in the workplace. Contact us now at (800) 707-9577.

 

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Experienced Mississippi Worker’s Compensation Attorney Discusses Compensation for Workplace Forklift Accidents

I have represented countless people here in Mississippi injured in workplace accidents. While I have seen a wide variety of accident types, forklift injuries represent a recurring theme. Forklifts can be dangerous for many reasons, including ineffective driver training, overloading, lack of maintenance, or unsafe driving conditions. While any one of these dangers can harm you, you will need the help of an experienced personal injury attorney to make sure the claim is adequately pleaded or described and that claims are brought against the necessary parties, including your employer, the forklift manufacturer, and/or the owner of the premises where you were operating the forklift. You likely also viable claim for your loss of pay and medical bills through the Mississippi Workers’ Compensation Commission, which I have linked to below.

If you or a loved one were injured as a result of a forklift injury, you must find experienced counsel to help you attain your fair share of compensation for your loss of income, pain and suffering, and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (800) 707-9577.

Forklifts and Forklift Accidents

Forklifts are used to move materials in almost every blue-collar workplace, including grocery stores, warehouses, and construction sites. Even though a forklift’s body is usually smaller than a car, they are extremely heavy and weigh three times as much as your average car. They lift heavy objects with their two front forks, and the body of the forklift counterbalances the weight being lifted. The large load being lifted can shift, however, causing the forklift to tip, the load to spill, or the load to obscure the driver’s field of vision. A driver with an obscured field of vision can strike other stacked goods, causing them to fall, strike electrical wires, causing electrocution, or strike other workers. It should come as no surprise that forklift accidents are the most common type of heavy machinery accident in the Mississippi workplace.

Common Forklift Injury Claims

Workers’ Comp for Forklift Accidents

Your employer pays into the Mississippi Worker’s Compensation program, so that much of its employees’ costs are covered in the event of a workplace accident.  The Mississippi Workers’ Compensation program will   pay your medical bills and out-of-pocket expenses, so long as you use a doctor approved by your employer insurance company. You don’t have to prove that your employer caused the accident; if you were injured you can claim workers’ comp benefits, even if your negligence caused the injury. You are also eligible for benefits if your workplace injury was your fault, so long as you weren’t intoxicated or doing something illegal. If you file a worker’s compensation case, you are prohibited from filing a lawsuit against your employer unless the employer was grossly negligent.

Third-Party Personal Injury Lawsuits

A third-party lawsuit is a claim for damages—lost pay, pain and suffering, compensation for injuries—against a party that is not your employer.  Unlike a workers’ compensation claim, in a third-party lawsuit you must prove that the third party was negligent. Negligence means that a person or company knew or should have known about a risk and ignored the risk, resulting in your injury. Third-party lawsuits involving forklifts and other powered industrial trucks are usually based on premises or product liability.

Premises Liability

Premises liability occurs when a landowner or property manager who is not your employer contributed to the circumstances that caused your injury. A landowner or property manager must maintain his or her property is a reasonably safe condition. If the landowner negligently maintains unsafe premises that result in your injury, you may have a valid third party-liability claim against them.

Defective Product Liability

Another type of third-party lawsuit is one based on “defective product liability,” meaning that the forklift itself was negligently designed, manufactured, or that its instructions for use were written in a way that encouraged injury.

Wrongful Death Liability

If a forklift accident causes a bystander or non-employee’s death, the deceased party’s family can file a wrongful death suit against the forklift operator, his or her employer, and the forklift manufacturer.  In a wrongful death lawsuit, the legal burden is on the family to demonstrate that the operator or the employer was negligent and that that negligence resulted in their family member’s death.

What Should You Do If You or a Loved One Has Been Injured in a Forklift Accident?

If you or a family member were injured in a forklift accident, you might have a viable personal injury claim for the time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. Filing the correct claim, against the proper party could mean the difference between being amply compensated and receiving nothing.  The Mississippi Workers’ Compensation Board should also compensate you for your time away from work and medical expenses. Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, and dealing with the other parties’ attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due to a scaffolding accident. Contact us now at (800) 707-9577.  Our Mississippi Workers Compensation Attorney is ready to assist you now!

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Experienced Mississippi Personal Injury Attorney Discusses the Variety of Ways of Recovering for a Workplace Injury

There are an endless variety of workplaces here in Mississippi and, sadly, each one has its own unique way of hurting employees. Because workplace injuries are common whether one works on a fishing boat or in a cubicle, or in any other type of workplace, all employers must carry worker’s compensation insurance. While worker’s compensation insurance is a decent safety net if you suffer a minor workplace injury, it is important to remember that employees have several potential options for attaining compensation they are due for pain and suffering, loss of consortium, and other losses not covered by worker’s compensation. Some accidents will result in personal injury lawsuits, while others may entitle workers to benefits under Social Security Disability. I am frequently asked about the pros and cons of various methods of attaining compensation for a work-related injury and created the following blog post to outline my general thoughts on each one.

If you have sustained an injury in as a result of working on scaffolding, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (800) 707-9577.

Workers’ compensation – Workers’ compensation is a form of no-fault insurance most employers are required to carry by law. No-fault means that the the worker does not have to prove whose fault caused the injury; in fact, worker’s compensation applies even when the employee caused his or her own injury. Workers’ compensation provides benefits such as paid medical treatment, extra wages, and vocational rehabilitation to employees who suffer job related injuries.  Although benefits are usually readily available, employees must meet certain deadlines for notifying their employers of injuries. If these deadlines are not met, the employer an deny the claim. As a result, having experienced workers’ compensation counsel help you thorugh the process can be a major advantage.

Third party personal injury lawsuits – Most employees cannot sue their employer civilly for work related injuries, but they may have options to pursue compensation outside of the workers’ compensation system. This is often true where a third party’s negligent act injured the employee while he or she was working.

Imagine a delivery driver arrives at your workplace intoxicated.  He is not employed by your employer, but is at your workplace in the course of his employment.  Because he is intoxicated, he is careless and runs over your foot while making a delivery. While worker’s compensation may help you receive compensation for the time you missed work, you could also sue the delivery driver and his employer for your injuries.

Third party personal injury claims are common when worksites have multiple employers’ workers present, especially relating to auto accidents, construction accidents, and accidents caused by negligent landowners. While these cases require a finding of negligence against the third party, meaning your injury was caused by a third party who knew or should have known of a risk and ignored it,  they can offer much broader compensation options than a traditional worker’s compensation claim.

Social Security Disability (SSD) – When a work-related injury is so severe that it results in long-term limitations or disabilities preventing employees from working temporarily or permanently, a Social Security Disability benefits case may be the best path forward. SSD benefits are a critical lifeline for employees who cannot work due to injuries; however, the vast majority of initial SSD applications are denied. To successfully attain SSD benefits on your first attempt, you will need the help of an experienced attorney.

Product liability lawsuits – Like third party lawsuits, product liability lawsuits are aimed at someone or, here, something hurting you in the workplace.  Given the vast number of tools, furniture, and appliances that the average worker comes into contact with on a daily basis, there are many product liability lawsuits filed each year by injured workers. To prove a product was liable for your injury, you will need to show that it was negligently designed, negligently manufactured, or was negligently marketed for the use that caused the harm.  This sort of case requires the help of skilled personal injury counsel, which is another area that I specialize in.

What Should You Do If You or a Loved One Has Been Injured in at Work?

If you or a loved one was injured in a workplace accident, you may have a worker’s compensation,  personal injury, product liability, or Social Security Disability claim for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. This is my area of expertise.  Let me take care of organizing your bills, attaining statements from expert witnesses, and dealing with your employer’s attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due in the workplace. Contact us now at (800) 707-9577.

 

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Experienced Mississippi Worker’s Compensation Attorney Discusses Notices of Compensation Payable

People here in Mississippi come into my office sometimes years after a workplace accident and wonder whether they can recover some money as a result. Sadly, the answer is often “no.”  What I tell clients is that if you get hurt at work, demand that your employer or the insurance carrier issue something called a “Notice of Compensation Payable” which is a formal acknowledgment that your injury is covered under workers’ compensation. If you do not receive that document, then you likely have no legal protection for your injury now or in the future.

If you or a loved one has been injured in the workplace, you must contact an attorney experienced in worker’s compensation immediately.  Your health, finances, and well-being are at stake. Barrett Law has the experience to help you during this difficult time.  Contact us now at (800) 707-9577.

What Should You Do If You Are Injured in the Workplace?

The most important thing I can stress is that you must report your injuries to your employer.  You have quite a while to do it—120 days. Your employer then must report your injury to the Mississippi Worker’s Compensation office, usually through their workers compensation insurance company. Your employer has 21 days to either agree to cover the injury or to deny coverage.  If they decide to pay for the injury, they will issue a Notice of Compensation Payable. If they refuse to pay for the injury, they will issue a Notice of Compensation Denial.

What Is a Notice of Compensation Payable?

If you are injured in a workplace accident, that injury will not be legally covered under workers’ compensation unless you receive a Notice of Compensation Payable. A Notice of Compensation Payable is a document where your employer legally and formally knowledges that the injury you suffered was work-related. Without it, there is no legal connection between your injury and the workplace; accordingly, there will be no duty to pay for your treatment through the Mississippi worker’s compensation program. This makes sense, as a dishonest employee could easily allege years later that a shoulder injury incurred while water skiing on the weekend was caused in the workplace. Without some documentation acknowledging the injury by the employer, its cause and the question of whether your employer ever agreed to pay for your treatment, would be a matter of dispute.

It is not uncommon for employers to do nothing when an injured employee has missed time from work, even when an employee is released by the workers’ compensation doctor to work in a modified duty capacity. Sometimes, the employer will go so far as to pay for an employee’s medical care after a workplace injury. None of this makes the company liable for compensating the employee for his or her injuries, only a Notice of Compensation Payable does that.

Employers and insurance companies are aware that employees often do not know whether their claim has been accepted.  An employer’s decision to pay for medical treatment often seems to indicate that the claim was in fact approved. This is not the case, as only a Notice of Compensation Payable will suffice.

What Should You Do If You or a Loved One Has Been Injured at Work?

If you or a loved one has been injured at work, contact an experienced worker’s compensation attorney immediately. As the above article explains, there are intricacies to the worker’s compensation process such as Notice of Compensation Payable that are not intuitive. Your employer has legal help on their side, and you will need seasoned help to collect evidence, to deal with your employer’s counsel and insurance carrier, and to attain expert medical opinions. These are tasks that a worker’s compensation attorney can handle for you while you concentrate on healing and getting back on your feet.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you or a loved one has been injured at work. Contact us now at (800) 707-9577.

 

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Experienced Mississippi Personal Injury Attorney Explains Common Workplace Injuries for Office Workers

When people hear the term “workplace injury,” they often think of a blue-collar worker getting crushed by a forklift, an iron worker falling from a steel building’s frame, or a factory worker’s hand mangled by spinning machinery.  While all of these images depict real workplace injuries, they all suggest an industrial workplace with employees who work with their hands. In fact, a large percentage of my clients here in Mississippi are white collar or office workers who work in front of computers, in cubicles, or in other workplaces where the work is not primarily physical. A wide range of workplace injuries occur in offices and employees injured in these settings are due compensation for their injuries, loss of work, and pain and suffering.

I wrote the following blog post to help individuals injured in the office work environment understand the types of injuries I commonly see arising from their work environments and what can be done to receive compensation.

If you have sustained an injury in an office setting, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (800) 707-9577.

Common Office Accidents

Ergonomic injuries. Office workers spend most of their time seated at a desk in front of a computer. This seems low impact, but there are multiple injuries caused by body positioning, or “ergonomics,” that place their health at risk.  After many months or years of repeated motion in poor ergonomic conditions can give rise to injuries related to posture, eye strain, and repetitive movements. Carpal tunnel syndrome, a debilitating wrist condition, is a classic example of this sort of repetitive motion injury.  Like a factory owner providing his employees with eye protection and gloves, white collar employers should provide their employees with a variety of chairs, keyboards, and desks. Employers should also instruct employees how to adjust these items for the most ergonomic use.

Slip-and-fall. The most common office accidents involve slipping and falling. While in a factory a slip and fall may be caused by hydraulic fluids on the workspace floor, slip and falls in an office setting are most usually caused by the tangle of cords associated with various office electronic products. Similarly, uneven surfaces, poor lighting, unmarked wet floors, and unsecured carpeting can result in office workplace injuries. Employers must prevent these injuries by minimizing and alerting employees to these hazards and raising awareness that they exist.

Lifting heavy objects. How often have you been asked to lift a box of photocopier paper, replace the water jug on the office water cooler, or lift a new piece of electronic equipment that arrived at the office?  Anyone of these objects can strain or otherwise injure an office employee’s back. Back injuries can be debilitating and are extremely difficult to treat. Employers have to warn employees if they are asked to do the heavy lifting and instruct them how to lift heavy objects if this is a part of their job. Employers can minimize these injuries by encouraging employees to call facilities workers to do the heavy lifting and by supplying dollies or heavy lifting tools.

Falling objects. It seems like every office has a supply closet stacked to the ceiling with bulky and oddly shaped supplies.  I have seen multiple employees as clients who have had objects of this nature fall onto them, causing head injuries and falls.  Employers should supply appropriate step ladders to prevent this sort of accident and should prohibit the stacking of objects high in closets in a way that could injure employees.

What Should You Do If You or a Loved One Has Been Injured?

If you were injured in an office workplace, you likely have a worker’s compensation claim for any time you have been out of work and any costs of your treatment and rehabilitation. If your employer injured you negligently, you might also have a personal injury claim for your injuries and pain and suffering. Let experienced counsel take care of attaining statements and analysis from expert witnesses and dealing with your employer’s legal team. These are essential tasks that a personal injury attorney can handle for you while you concentrate on healing.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury in an office accident. Contact us now at (800) 707-9577.

 

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Experienced Mississippi Worker’s Compensation Attorney Explains: Secondary Injuries Stemming from Original Work Injuries

I take a lot of questions from Injured workers here in Mississippi about secondary injuries that were not caused by their employment but are the result of an employment-related injury. For example, I have helped quite a few clients who suffered foot injuries at work as a result of warehouse workers who have gone on to develop subsequent knee and back injuries that arose as a consequence of the original foot injury. The question these clients always ask is whether they can collect worker’s compensation for both injuries or just for the original one? The answer is that in the above example, the injured warehouse worker was due compensation for the second injury as well as the first, but only because he fought for those benefits with an attorney by his side.

If you were injured at work and have developed a secondary injury, you may be due compensation for your medical care, time without work, and other costs.  You will need to have experienced counsel help you attain your fair share of compensation for your both your primary and secondary injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (800) 707-9577.

 Types of Secondary Injuries

Worker’s compensation will likely cover secondary injuries that are directly caused by a work-related injury. I usually see a few different types of secondary injuries and will describe each below.

The first type of secondary injury that I see are injuries caused by treatment. People often have serious allergic reactions to the medications they are prescribed for their work-related injury; the side effects of those reactions are the secondary injury that would likely be covered by worker’s compensation. Similarly, if you injure your back at work and attend prescribed physical therapy and are subsequently injured in a physical therapy session, the injuries related to that secondary injury will likely be covered by worker’s compensation. The same is true if you are on crutches due to a work-related injury, fall, and break a different bone as a result of the fall.

The second type of secondary injury is an injury that arises from the workplace injury, but that is not necessarily causally related to it. I mentioned the warehouse worker’s foot injury above. His employer and his employer’s insurance company here in Mississippi tried to argue that worker’s compensation should not cover the knee injury that developed as a result of his foot being injured. In a situation like this, an injured worker needs a skilled attorney who can present effective medical evidence that the secondary injury arose from the primary one. Plenty of people have knee issues that develop unrelated to work injuries, so it takes some skill to show that the secondary injury truly was causally related to the first injury.

Worker’s compensation will not cover a truly unrelated secondary injury.  However, if that secondary injury exacerbates, or makes worse, your work-related injury, then you can seek worker’s compensation for the worsening of your original injury.

What Should You Do If You Are Injured at Work

If you were injured at work, there are concrete, immediate steps that you should take to protect yourself and your family.  The first step is contacting an experienced worker’s compensation attorney to guide you through this legally-intensive process. If you have a secondary injury arising from your original workplace injury, you may be due compensation for those costs as well. You are likely to receive resistance for these secondary payments but deserve compensation for these injuries as well. I have helped many clients through the initial and secondary injury compensation process and can help you too.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you have a serious injury that prevents you from working or a secondary injury that has developed as a result of your initial injury. Contact us now at (800) 707-9577.

 

 

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