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Overview of the Mississippi Workers’ Compensation Law and Commission

Thousands of workers in Mississippi are injured or killed every year on the job.  After an injury or death, these individuals or their families are left to sort out the consequences of workplace injuries and figure out how to put the pieces of their lives back together.  Naturally, many individuals or their families have questions about suing the employer for the injuries sustained or for the loss of the life of a loved one.  In fact, many of these individuals and family members often seek the advice of our law firm about their legal options.  This article summarizes the rights of an individual injured as a result of a workplace accident in Mississippi.

Nearly all states have established some form of mandatory workers’ compensation insurance cover by employers for employees injured or killed as a result of a workplace accident.  The federal government also has a workers’ compensation program for federal employees injured or killed on the job.  Benefits are provided on a no-fault basis.  Employers pay workers’ compensation premiums, which premiums vary based upon a number of factors.  These factors include the type of business in which the employer is engaged; the history of other injuries and deaths of employees of the employer; training and safety programs utilized by the employer; and hiring practices.  Workers compensation premiums can range from a few thousand dollars a year to hundreds of thousands of dollars or more every quarter.

In exchange for the mandatory nature workers’ compensation insurance, employers receive the benefit of severe restrictions on the ability of employees to sue employers for workplace or work-related injuries or deaths.  In all states in which a mandatory workers’ compensation program exists, jurisdiction for lawsuits against employers for work-related injuries or deaths is limited to a specific agency handling only these types of matters.  In Mississippi, the agency is the Mississippi Workers’ Compensation Commission.

The Mississippi Workers’ Compensation Commission was established in 1948 as a result of the passage of the Mississippi Workers’ Compensation Law.   The Commission is responsible for overseeing claims that are filed under the Workers’ Compensation Law.  Under the Workers’ Compensation Law, an employee is entitled to payment for medical benefits and payment for lost wages.  The amount of benefits to which an individual is entitled is based upon very detailed schedules of injuries.  Medical charges are also subject to very detailed schedules of reimbursement rates.   The family of an individual who has died as a result of a workplace accident or injury is entitled to benefits in the form of prospective wages of the deceased individual, as well as funeral expenses up to $5,000.00.

Benefit payments are made for a maximum of 450 weeks.  This duration is for permanent and totally disabling injuries or death; less severe injuries will be covered for a shorter duration, depending upon the nature of the injury.  For the year 2013, the maximum weekly benefit payment is $449.12; the maximum lifetime benefit is $202,104.00.

If the employer or insurer does not commence paying benefits as required under Mississippi law, or an employee believes he or she is not receiving all of the benefits to which he or she is entitled, an employee should file a claim with the Mississippi Workers’ Compensation Commission.  An employee has two years after the date of an injury to file a claim with the Commission for workers’ compensation.  The Commission has its own judges that operate outside of the traditional judicial system to evaluate and rule on workers’ compensation claims.

Barrett Law, PLLC has significant experience representing individuals injured or killed in the workplace in the Lexington, Mississippi, area.  If you or a family member has been injured as a result of a workplace accident or other act, please contact our office today to schedule an initial, no-cost consultation to discuss your rights.  We can be reached (800) 707-9577.

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Overview of the Mississippi Workers’ Compensation Law and Commission

Thousands of workers in Mississippi are injured or killed every year on the job.  After an injury or death, these individuals or their families are left to sort out the consequences of workplace injuries and figure out how to put the pieces of their lives back together.  Naturally, many individuals or their families have questions about suing the employer for the injuries sustained or for the loss of the life of a loved one.  In fact, many of these individuals and family members often seek the advice of our law firm about their legal options.  This article summarizes the rights of an individual injured as a result of a workplace accident in Mississippi.

Nearly all states have established some form of mandatory workers’ compensation insurance cover by employers for employees injured or killed as a result of a workplace accident.  The federal government also has a workers’ compensation program for federal employees injured or killed on the job.  Benefits are provided on a no-fault basis.  Employers pay workers’ compensation premiums, which premiums vary based upon a number of factors.  These factors include the type of business in which the employer is engaged; the history of other injuries and deaths of employees of the employer; training and safety programs utilized by the employer; and hiring practices.  Workers compensation premiums can range from a few thousand dollars a year to hundreds of thousands of dollars or more every quarter.

In exchange for the mandatory nature workers’ compensation insurance, employers receive the benefit of severe restrictions on the ability of employees to sue employers for workplace or work-related injuries or deaths.  In all states in which a mandatory workers’ compensation program exists, jurisdiction for lawsuits against employers for work-related injuries or deaths is limited to a specific agency handling only these types of matters.  In Mississippi, the agency is the Mississippi Workers’ Compensation Commission.

The Mississippi Workers’ Compensation Commission was established in 1948 as a result of the passage of the Mississippi Workers’ Compensation Law.   The Commission is responsible for overseeing claims that are filed under the Workers’ Compensation Law.  Under the Workers’ Compensation Law, an employee is entitled to payment for medical benefits and payment for lost wages.  The amount of benefits to which an individual is entitled is based upon very detailed schedules of injuries.  Medical charges are also subject to very detailed schedules of reimbursement rates.   The family of an individual who has died as a result of a workplace accident or injury is entitled to benefits in the form of prospective wages of the deceased individual, as well as funeral expenses up to $5,000.00.

Benefit payments are made for a maximum of 450 weeks.  This duration is for permanent and totally disabling injuries or death; less severe injuries will be covered for a shorter duration, depending upon the nature of the injury.  For the year 2013, the maximum weekly benefit payment is $449.12; the maximum lifetime benefit is $202,104.00.

If the employer or insurer does not commence paying benefits as required under Mississippi law, or an employee believes he or she is not receiving all of the benefits to which he or she is entitled, an employee should file a claim with the Mississippi Workers’ Compensation Commission.  An employee has two years after the date of an injury to file a claim with the Commission for workers’ compensation.  The Commission has its own judges that operate outside of the traditional judicial system to evaluate and rule on workers’ compensation claims.

Barrett Law, PLLC has significant experience representing individuals injured or killed in the workplace in the Lexington, Mississippi, area.  If you or a family member has been injured as a result of a workplace accident or other act, please contact our office today to schedule an initial, no-cost consultation to discuss your rights.  We can be reached (800) 707-9577.

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Bureau of Labor Statistics Releases Report Regarding Fatal Occupational Injuries in 2012

The United States Department of Labor, Bureau of Labor Statistics is an independent federal agency that gathers, analyzes, and monitors statistics regarding working conditions, among other things.  One of its programs, the Injuries, Illnesses, and Fatalities program, provides annual information regarding work-related injuries, illnesses, and fatalities.  This annual information is compiled and released in a report known as the Census of Fatal Occupation Injuries.  More specifically, the program monitors how these events vary by factors including industry, occupation, and geography.

On August 22, 2013, the Bureau of Labor Statistics released its preliminary results of fatal work-place injuries for the calendar year 2012.  The Bureau will finalize the preliminary results in the Spring of 2014.  The results of the Report are discussed below, but a full copy of the Report can be accessed at http://www.bls.gov/news.release/pdf/cfoi.pdf.

As the Report reflects, 4,383 fatalities occurred at the work place throughout the United States in 2012.  This number represents an overall decrease from 2011, in which 4,693 fatalities occurred.

Fatalities decreased among Caucasian and Hispanic workers, but increased among African-American and Asian workers.  Fatalities among the youngest workers—those under 16 years of age—dramatically increased, with 14 of the 19 deaths occurring in the agricultural industry.  Fatalities among older workers declined in 2012.

Transportation accidents accounted for over forty-percent of all fatalities, accounting for 1,789 deaths.  Over half of those accidents involved motor vehicle accidents.  125 fatalities occurred as a result of aircraft accidents.  Incidents of violence, including homicide and suicide, accounted for 767 fatalities, which occurred primarily as a result of shootings.  Falls, slips, and similar accidents lead to 668 deaths in 2012.  509 fatalities resulted from injuries sustained due to being struck objects or equipment.

Of all of the fatalities in 2012, 3,945 occurred in the private sector, which is a decline from 2011.  The decline occurred in both goods-producing and service industries.   The construction industry had the highest occurrence of fatalities, accounting for 775 fatalities.  This figure represents an increase over 2011, in which 738 fatalities occurred.  Specifically, drivers had the highest number of fatalities—741, followed by farmers and other agricultural workers—216, and construction laborers–210.  The transportation and warehousing industry had the second highest number of fatalities in the private sector, with 677 deaths resulting from this category of jobs.  This figure represents a ten percent decrease from 2011.  Fatalities in the private mining sector also increased in 2012, with fatalities in the oil and gas extraction sub-set reaching an all-time high of 138.

Fatalities among government workers decreased to 438 in 2012.   Many of these involved the occupation categorized as protective service occupations, including police officers and firefighters.

In 2011, the Census of Fatal Occupation Injuries began assessing fatalities occurring amongst contract workers.  In 2012, sixteen percent of all fatalities involved contract workers.  Falls, being struck by an object, and being hit by a vehicle were the three highest causes of fatalities amongst contract workers.

Geographically, Texas had the highest number of fatalities (433), followed by California (390), and Florida (226).  Mississippi had only 63 fatalities, but this was an increase over 2011, in which 60 deaths occurred.  Of these 63 fatalities, 22 involved transportation accidents; 13 involved acts of violence; 13 involved contact with equipment or an object; 7 involved falls, slips, or trips; and 3 involved exposure to harmful substances.

Barrett Law, PLLC has significant experience representing individuals injured or killed in the workplace in the Lexington, Mississippi, area.  If you or a family member has been injured as a result of a workplace accident or other act, please contact our office today to schedule an initial, no-cost consultation to discuss your rights.  We can be reached (800) 707-9577.

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