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.