Mississippi Worker’s Compensation Attorneys Answer Important Questions about On-The-Job Injury Claims

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.

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Mississippi Worker’s Workplace Injury Lawyers Discuss Employer Use of Independent Contractor Misclassification to Evade Worker’s Compensation Obligations

An increasing number of companies are using independent contractors rather than W-2 employees.  While many jobs like commission sales positions have traditionally been filled by independent contractors, companies in other sectors of the economy are increasingly using independent contractor (IC) agreements to avoid the financial costs associated with W-2 employee status.  Businesses gain substantial financial advantages by filling their personnel needs through IC labor both in the form of reduced cost and potential limits on liability.  Since ICs are not subject to worker’s compensation benefits, companies might attempt to veil their relationship with workers as non-employees to avoid the obligation to obtain worker’s compensation insurance and the cost of benefits.

 

While many companies utilize an independent contractor agreement as a tool to evade obligations to employees, an IC agreement is not dispositive if the business-worker relationship functionally amounts to an employee-employer relationship.  Under Mississippi law, an IC contracts to perform work based on his or her own methods without the exertion of control by the employer, except as to the results of the work.  The IC is free from the authority of the employer regarding how the designated work will be performed and the assertion of control as to the methods of completing the employment objectives.  When making a determination regarding an employee’s status under this test, Mississippi courts consider the following factors:

 

  • Whether the servant is engaged in a distinct business or occupation
  • Whether the work constitutes a type of regular business engaged in by the employer
  • Degree to which the employer exercises control over details of performance of the work
  • If the employer supplied the place of work and tools to perform the required tasks
  • Whether compensation is based on time or completion of the job
  • Level of skill required of the employee in the occupation
  • Duration of the master-servant relationship

 

The point is that an employment relationship exists if the services provided are an integral part of the ordinary business of the company, and the service provider is not offering an independent business or professional service to the company.  The ultimate classification is controlled by the actual conduct of the parties irrespective of the worker’s designation in a contract between the company and the service provider.  Of the factors above, control over the specific manner the work is performed constitutes the most important consideration.

 

A growing number of companies are taking advantage of the economic benefits of classifying service providers as independent contractors.  There are substantial advantages for companies in taking this approach, including shifting the tax burden to the service provider, as well as potentially avoiding the expense associated with unemployment or worker’s compensation benefits.

By the same token, the cost to a person providing services of being characterized as an independent contractor is extremely high.  The person must pay both income and self-employment taxes.  This arrangement effectively means that the service provider is covering the portion of FICA that would be covered by an employer in a traditional employment relationship.  The employee also may bear the risk of job loss or a job-related injury.

If you are a worker misclassified as an independent contractor who suffers an on-the-job injury, our experienced Mississippi Worker’s Workplace Injury Lawyers can analyze your employment relationship.  We have successfully represented clients in obtaining worker’s compensation benefits despite attempts by their employer to claim they were exempt IC service providers.  At Barrett Law, we 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.

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Common Questions Asked by Whistleblowers about the False Claims Act

If you have become aware that your employer is engaged in conduct designed to defraud the federal government of public funds, you can protect the public by disclosing this improper conduct.  Although there is a range of federal and state statutes that protect and compensate whistleblowers for the courageous act of coming forward, the False Claims Act constitutes one of the most powerful whistleblower protections.  The importance of the False Claims Act is reflected by the fact that lawsuits filed under the statute have led to recovery of more than $40 billion between 1986 and 2013 with a significant portion resulting from the actions of whistleblowers.  Our Mississippi qui tam lawyers recognize that employees considering blowing the whistle on an employer have concerns, so this two-part blog provides answers to some commonly asked questions.

What is a qui tam claim under the False Claims Act?

The term qui tam refers to a legal action under the False Claims Act (31 U.S.C. Sections 3729 through 3733) that empowers individuals and entities to sue wrongdoers engaged in fraud against the federal government.  The whistleblower who commences the action brings the lawsuit on behalf of the U.S. government.  The party that brings the action has the right to receive substantial rewards based on the degree of assistance provided to the government and the monetary amount recovered.  A number of states have passed similar laws that protect the public coffers of state governments.

Where is a False Claims Act filed?

The party who brings a qui tam action under the False Claims Act files the action confidentially under seal in federal district court.  Along with filing the lawsuit, the complaint and a disclosure statement regarding the material information and relevant evidence must be served on the U.S. Attorney for the district and the U.S. Attorney General.  Unlike other lawsuits, the defendant is not served with the complaint, and the substance of the allegations and supporting evidence must remain confidential while the action remains under seal.

What protections does the False Claims Act include for employees?

The most common scenario involves private individuals bringing qua tam actions that disclose fraudulent conduct by their employer.  The statute is constructed to protect employees who disclose this information to protect the public.  An employee subjected to discrimination, harassment, termination, or demotion as a result of lawfully preceding under the statute might be entitled to a range of remedies that include:

  • Double back pay
  • Reinstatement
  • Compensation for any special damages (e.g. reasonable attorney fees and costs of litigation)

Whistleblowers also should be aware that they might be able to seek additional protections from state laws pertaining to wrongful termination or related employment laws.

How are penalties assessed under the False Claims Act?

A defendant found to have committed acts of fraud will be subject to civil fines of $5,000 to $10,000 for each violation, as well as treble damages based on the amount the government was defrauded.

Our Mississippi False Claims Act Lawyers work diligently to help our clients maximize the amount of the reward that they are entitled to pursuant to their qui tam claim.  We invite you to read the second installment of this two-part blog post.  At Barrett Law, we are here to help.  Contact our firm today at 662-834-2488 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

 

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Mississippi Workers’ Compensation Lawyer Highlights Significance of Repetitive Stress Injuries

The majority of Mississippi employees might recognize that they have a right to pursue a workers’ compensation claim for medical care and forfeited pay when they suffer an on-the-job injury. Although the process might seem straightforward, there are many procedural, evidentiary, and substantive complications that can disrupt, compromise, or completely derail a claim. While most people think of workplace injuries as involving the consequences of a sudden mishap like a motor vehicle collision, fall from a scaffolding, or malfunction of heavy equipment, many job-related injuries are not so immediate and clear. When a person suffers a broken arm in a fall, the cause of injury and the adverse health impacts are often apparent. However, injuries that occur over a protracted period of time pose a more significant challenge when pursuing a workers’ compensation claim.

While some people might discount the severity and debilitating nature of an RSI, these injuries can be extremely serious and lead to permanent disability. An RSI is caused by repetitive motion or exposure to heavy vibration in the workplace. If you are tasked by your employer with engaging in jobs involving a fixed posture or awkward motions for a prolonged period without adequate breaks, this can result in an RSI. Many workplace activities in a broad spectrum of industries promote repetitive motion injuries, including heavy computer work, assembly line jobs, food preparation, commercial drivers, heavy machinery use, road work employees, cleaning staff, carpentry work, and typists just to list a few examples.

A number of types of movements tend to result in an RSI like jobs that require employees to maintain an awkward posture. In other words, tasks that entail a body remaining in a different position from a natural posture, such as stooping, side-to-side movement or backward flexing of the wrist, twisting, reaching up above shoulder level, and bending. Further, employees who engage in continuous use of the same muscles promote fatigue, such as twisting one’s neck to view a poorly positioned computer monitor or constant standing in one spot.

The human body is not well suited to monotonous assembly line or desk related tasks. The muscles and joints of the body need varied movement to promote good health. Contorting the body in atypical positions or repeatedly performing the same movements can cause stress that accumulates over time causing debilitating injuries. The development of many jobs that require employees to remain in uncomfortable positions for most or all of the work day has spawned an increase in RSI claims. When workers are stooped over computers for eight hours a day, they often suffer from back problems, carpal tunnel syndrome, neck injuries, and other RSIs. Similarly, continuous repetitive motion in manufacturing plants can result in tendons and muscle issues that frequently cause chronic joint pain.

While you might have experienced an injury without any precise and obvious cause, such an injury is just as deserving of compensation as a broken bone suffered in a fall. Our Mississippi workers’ compensation lawyers have successfully represented many injured employees during our decades of representing clients. At Barrett Law, our Mississippi Workers’ Compensation Lawyer is here to help. Contact our firm today at 800-707-7577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

 

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Is the Mississippi Worker’s Compensation System an Exclusive Remedy for Employees Injured after Placement by a Temporary Employment Agency?

With the difficult state of the economy, a growing number of employees have been forced to accept part-time or temporary employment often through a temporary employment agency.  When a worker is placed by a “temp agency,” especially as a laborer or factory worker, the employee faces the risk of suffering a workplace injury just like full-time employees.  Many people are aware that the worker’s compensation system provides the exclusive remedy against an employer for a work-related injury or occupational illness.  In the context of a temporary worker, a question frequently posed by a person placed with a manufacturing firm or other business is whether the worker’s compensation constitutes an exclusive remedy.

The United States District Court, S.D. Mississippi, Southern District in Cook v. Quickspray, Inc. analyzed this issue.  The employee brought suit against Accu-Fab after being placed by the Global Employment Services, Inc. and suffering injury in an industrial accident in the manufacturing company’s Moss Point Mississippi plant.  The placement was accomplished through execution of a contract between Accu-Fab and Global that provided Global would assume responsibility for paying the workers and retain all responsibility and control over management of worker’s compensation claims, including statutory compliance regarding employees supplied to Accu-Fab.

While working at the Accu-Fab plant, the worker was tasked with sandblasting and spraying a protective coating on large pipes.  He was exposed to a toxic substance when the material line connecting the pump to the spray gun ruptured.  Subsequently, he developed a silica-related lung disease.  When the worker filed a lawsuit against Accu-Fab for his serious occupational illness, the company claimed immunity from suit and alleged that the worker’s compensation system constituted the afflicted employee’s sole remedy.  The work was performed in the “blast yard,” which is an area that was segregated from the rest of the plant.

Accu-Fab contended it was immune from suit under the Mississippi Workers Compensation Act (MWCA) based on the “loaned servant” doctrine.  This doctrine provides statutory immunity to general contractors for injuries sustained by its subcontractors’ employees.  Under this analysis, Accu-Fab contended it qualified as a general or sub-contractor covered by this legal doctrine.

The appellate court first noted that a worker can be employed by more than a single employer simultaneously, and both employers can be shielded from liability by the MWCA.  The court indicated that this dual employment depends on three inquiries:

(1)   Whose work is performed;

(2)   Who has a right to control the worker; and

(3)   Whether the worker has voluntary accepted the assignment.

In applying these factors to the facts, the court initially observed that the worker was solely performing tasks for Accu-Fab by using the tools and materials of the company.  Supervisors at Accu-Fab also directed and controlled his work.  Finally, the worker voluntarily accepted the assignment since he had been employed there for approximately five months.

The plaintiff disputed that the “loaned servant” doctrine applied because he was not engaged in normal or typical work of the company.  He indicated his task of applying a protective coating with a Quickspray pump was different from the manufacture and fabrication of storage tanks.  However, the court disagreed and indicated the relevant task performed by the worker constituted a stage in the process of producing the industrial tanks.

Because the employee was determined to be a “loaned or borrowed employee” under this criteria, then worker’s compensation benefits constituted an exclusive remedy.  While his personal injury lawsuit against Accu-Fab was not permitted to proceed, he might have a remedy against another third party (i.e. a non-employer) depending on the facts.

Our Mississippi worker’s compensation attorneys represent injured employees in worker’s compensation claims and third party lawsuits against third parties.  We can determine your specific rights against the different parties who might have been involved in causing your injury or occupational illness.  At Barrett Law, we are here to help.  Contact our seasoned Mississippi Worker’s Compensation Lawyer today at (800) 707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

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Ten Important Questions from Mississippi Worker’s Compensation Claimants

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.

 

 

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Frequently Asked Questions about Worker’s Compensation Claims in Mississippi

This is the second installment of our blog that provides answers to recurring questions about Mississippi worker’s compensation claims.  While we have attempted to answer many of the most common questions we receive from prospective clients, injured workers are welcome to contact us for more specific information about your claim.

How should an employee beset by a workplace injury or occupational illness proceed?

When workers experiences a work-related injury, they should notify their supervisor or other individual designated by the company.  It is essential that the reporting of the incident and injury be accurate and prompt.  Although notice should be given as soon as practical, the employee needs to provide notice within thirty days of the incident causing injury.  If the employee does not hear back about the claim, the claimant should seek immediate legal advice.  When two years elapse from the date of injury without payment of wage loss benefits, the employee will forfeit all rights to benefits unless the claimant has commenced a claim with the Commission during the two year period.

Will a claimant be required to pay a deductible for medical benefits as under health insurance policies?

While the employer might have to pay a deductible, an injured worker pursuing a claim for a workplace injury can pursue medical benefits free of charge, which means no deductible is needed.

Will a claimant receive benefits covering all work days that are missed?

If an injured worker is disabled for a period shorter than 14 days, a waiting period must be observed before benefits are paid.  In this situation, the employee will not be compensated for the initial five day period.  When a worker’s disability is severe enough that the claimant misses 14 days or more, there is no waiting period that must be met prior to entitlement to benefits.

When will coverage commence after a claim is made?

An employee will become eligible and covered once the employee starts his tenure at the company.  There is no probationary period or minimum earning threshold that must be satisfied prior to the claimant becoming eligible for benefits.

What is the duration of wage loss benefits?

The duration of payments for disability depend on the nature and severity of the injury.  When an employee is rendered totally and permanently disabled, the time limit will depend on specific facts related to the injury.  However, the maximum duration that worker’s compensation benefits will be paid cannot extend beyond 450 weeks.

Can I assume that safety violations and obvious workplace hazards are irrelevant since the worker’s compensation system operates on a “no fault” basis?

Although worker’s compensation benefits do not depend on negligence, compensation through such benefits often fall short of what is needed to make an injury victim whole.  Safety practices should be observed because prevention is a better alternative than the recovery of works comp benefits.  Frequently, a civil lawsuit can be filed against parties responsible for a work-related accident other than the claimant’s employer.  Safety violations often constitute negligence and entitle an injured worker to damages against a third-party defendant.

Do I really need an attorney to pursue my claim for benefits?

There are many reasons to retain a Mississippi worker’s compensation attorney.  The attorney can makes sure that a claimant has appropriate medical evidence to support the claim.  Legal advice can also prove invaluable to ensure proper compliance with procedural and timing requirements in pursuing a disputed claim for benefits.  Further, an experienced workplace injury lawyer can explore viable liability claims against third-party defendants.  A third-party lawsuit can facilitate a fuller recover because damages in a civil lawsuit can include pain and suffering and other types of compensation that do not fall within the purview of the worker’s compensation system.

Our Mississippi Worker’s Compensation Lawyers at Barrett Law have successfully represented many injured employees in obtaining worker’s compensation benefits and damages in third-party lawsuits.  At Barrett Law, PLLC, 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.

 

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Frequently Asked Questions about “No Fault” Workers’ Compensation Claims

If you suffer a workplace injury, the experience can be stressful and debilitating.  Many people are aware that the Mississippi workers’ compensation system provides benefits for on-the-job injuries, but they are unclear about how the program works.  Anxiety associated with these unanswered questions can mount while you are missing work.  The mortgage bill, groceries, gas, utilities, and other expenses do not disappear when you are unable to work.  This process can be less stressful when you understand your legal rights and the workers’ compensation system.  This blog post answers frequently asked questions about what “no-fault” means in the context of workers’ compensation claims.

How does no-fault in the workers’ compensation system differ from negligence claims in personal injury lawsuits?

When a third party like an equipment rental company is sued rather than an employer, the company that provided improperly maintained equipment might be liable for negligence in keeping the equipment in safe working order.  When fault is an issue, the negligence of the third party generally must be established by the injury victim to obtain a judgment.  Further, the third party might reduce or avoid liability by shifting some or all of the blame for an accident to the injured employee.  When workers’ compensation benefits are at issue, the negligence of the claimant is irrelevant subject to the intoxication exception discussed below.

What is the rationale for making benefits available on a no-fault” basis?

Workers’ compensation benefits are granted on a no-fault basis for a number of reasons.  The no-fault criteria permits an injured worker to obtain immediate medical care free of charge regardless of who caused an on-the-job injury subject to limited exceptions.  This prompt access to free medical care facilitates the ability of the employee to get back to work and earning income promptly.  Litigation is a more lengthy process especially when it involves establishing fault based on evidence that often is in possession of the other party to a personal injury claim.  Because the cost of litigation is avoided, the insurance company and the employer save money and time in resolving the dispute.

Does the no-fault rule apply if my employer claims I caused my own injury?

Although the no-fault system permits injured employees to receive benefits even if they are partially responsible for causing their own injuries, there are narrow exceptions to the no-fault rule.  If an employee willfully intended to cause his or her own injury, this type of harm is not covered for reasons that are probably apparent.  However, the mere fact the employer alleges a worker intentionally injured himself does not necessarily mean that benefits will be denied.  Mississippi workers’ compensation law imposes a presumption that benefits the employee in this situation, so the employer has the burden of proving that a worker intentionally caused his or her own injuries.

The other narrow exception to the “no-fault” rule involves intoxication.  If the intoxicating substance is an illegal narcotic or a prescription drug that is ingested without the orders of a doctor, intoxication by these drugs or alcohol will raise a presumption against benefits being paid to the employee provided the intoxicant was the proximate cause of the worker’s injury. When a drug test reveals alcohol or drugs in an employee’s system, the employee has the burden of rebutting a presumption that the intoxicating substance was a cause of the accident.

Our Mississippi Workers’ Compensation Attorneys represent injured employees in workers’ compensation claims and lawsuits against third parties.  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.

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Wearable Technology Could Impact Workers’ Compensation Claims in the Future

In recent years, wearable technology has become exceedingly popular with individuals and may soon also influence businesses. Wearable technology is a term used to refer to miniature electronic devices that can be worn under your clothing or on top of the clothing, but are attached to the body is some way.  They can even be a part of your clothing.  Fitbits, Google Glass, Nike Fuelbands, and Golden-I are all examples of such technology and more are soon to come.  These devices can collect a variety of data, including the eating, exercising, and working habits of the wearer.  These devices are then capable of transmitting this data to third parties, including insurance companies.

Some makers of wearable technologies are now predicting that these devices could revolutionize the workers’ compensation realm. The devices will impact employees by potentially helping to prevent workplace injuries, keeping routine injuries from becoming more serious problems, and improving the long term health of employees who have already sustained serious injuries. For instance, wearable technologies could monitor the posture of employees and their frequency of exercise.  This data could lead to changes in the workplace, such as more ergonomic furniture and increased exercise breaks.  Further, wearable technologies could sense when employees are using equipment incorrectly or could determine whether an injured employee returning to work is taxing him or herself too much.

From the point of workers’ compensation claims, wearable technology could provide useful data to assist in your claim. An employee who begins to experience pain or other signs of injury could review wearable technology data to uncover how the injury may have started.  This could assist injured workers in filing workers’ compensation claims for slowly developing ailments, which traditionally present some difficulties for claimants.

Wearable technologies could further assist employees in obtaining workers’ compensation benefits for the full duration necessary. These technologies could indicate whether an employee is not ready to return to full workplace duties.  The makers of these technologies predict significant advances in future years that would do even more than this.  New technologies could assist greatly in rehabilitation.

Insurance Companies are Employing Wearable Technologies Now

A few insurance companies are already employing the use of wearable technologies, with many more considering their use. It is likely that in the years to come, these technologies may be commonplace in most workplaces.  For now, any employee injured in an accident should consult with a workers’ compensation attorney as soon as possible.  Your attorney will review your claim and fight for you to obtain the full compensation you deserve.  Injured employees will often be eligible to receive coverage for medical expenses, part of your lost wages, prescription drug costs, rehabilitation costs, and more.  If your claim has been denied, you could still receive the coverage you need with the assistance of an experienced attorney.

Barrett Law, PLLC: Distinguished Mississippi Workers’ Compensation Attorneys

If you have been injured on the job, contact the Mississippi Workers’ Compensation Attorneys at Barrett Law, PLLC. Our outstanding Mississippi law firm has assisted injured workers and their families for over 75 years.  We fight to see that our injured employee clients receive the workers’ compensation benefits they deserve, including compensation for medical expenses, time off work, and much more. We will also evaluate your injury to uncover whether you may have the right to pursue additional compensation from a third party.  Do not delay in seeking legal assistance as you have a limited time within which to file a claim after your injury.  Call Barrett Law, PLLC today at 1 (800) 707-9577 to schedule your free initial consultation.

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Mississippi Workers’ Compensation Attorneys Discuss Repetitive Stress Injuries

A repetitive stress injury (RSI) is defined as damage to body tissues, including the tendons, blood vessels, spinal discs, and nerves, inflicted after continuous physical stresses.  RSIs are caused by the buildup of many small amounts of damage due to repetitive motions.  Remaining in the same position for long periods of time, as required by many jobs, and engaging in the same motion day in and day out, all place employees at risk of RSI.

Symptoms of a RSI will range from a mild but persistent ache to crippling, sharp pain.  Symptoms will often arise at work then disappear during periods of rest.  As they intensify, they can interfere with work activities, sleep, and daily living tasks.  Eventually, a RSI can result in severe pain, limited mobility, muscle weakness, and loss of sensation.  This can permanently impact your ability to work.

Risk Factors for RSIs

Some factors that will increase your risk of a work related RSI include:

  • Repetition:  Performing the same motion multiple times a day and not allowing your body to have sufficient time to rest and recover from the strain will put you at risk of RSI.
  • Poor or stressful posture:  Engaging in work tasks that place your body in a stressful posture can cause RSI.  This includes repeated overhead motions, extreme bending of the elbow, lifting and twisting, holding objects in a fixed position for a long time.
  • Frequent heavy lifting:  Lifting objects that weigh 25 pounds or more can result in injury if the employer does not teach proper lifting or offer safety devices to prevent injuries.  Jobs that require lifting 70 or more pounds are almost always dangerous.

While nearly any job can result in a RSI, there are certain positions that make workers more prone to these injuries.  Employees in manual labor fields, clerical workers, technical service workers, bus and truck drivers, food service workers, skilled trade workers, and health services workers are all prone to these injuries due to the repetitive motions performed by employees.

Types of Repetitive Stress Injuries

  • Hand and arm injuries:  Common hand and arm injuries include carpal tunnel syndrome, tendinitis, and neurovascular disorders.  These disorders can be quite painful and result in the inability to perform typing and other hand related motions.
  • Back injuries:  The back is particularly susceptible to repetitive stress injuries and back injuries caused by these motions include back strains, back sprains, herniated discs, and ruptured discs.

Employers Should Protect Employees Against RSIs

Employers should design the workplace and work tasks so as to place employees at minimal risk of developing RSIs.  These injuries can greatly hinder an employee’s ability to perform and could result in lifelong disability.  Employers can minimize RSIs by analyzing the way employees perform tasks and the position they sit or stand in much of the day.  If you believe you have sustained a work related RSI, consult with a workers’ compensation attorney as you may be entitled to compensation for your medical expenses, lost wages, and more.

Barrett Law PLLC:  Assisting Injured Workers Across Mississippi  

If you have sustained a repetitive stress injury at work or any other type of workplace related injury, contact the Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC.  Our prominent Mississippi law firm has assisted injured workers for over 75 years.  If your workers’ compensation claim has been denied or minimized, we can offer the exceptional representation you need to obtain the recovery you deserve.  Do not delay, as you have a limited time within which to bring your workers’ compensation claim or appeal from your denial.  Call us today at 1 (800) 707-9577 to schedule your free initial consultation.

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