Experienced Mississippi BP Oil Spill Attorney Discusses Recent BP Oil Spill BELO Cases

I receive a lot of questions about “BELO suits” from people that were injured during or after the BP Deepwater Horizon spill.  But what is a BELO suit?  BELO is an acronym for Back End Litigation Option, and it is a type of lawsuit for people who were injured while at work during the BP Spill who did not collect workers’ compensation for whatever injury they suffered at the time. Because they did not seek workers’ compensation payments at the time, their injury claims remain viable for litigation now. As I will discuss later in this blog post, recent scientific discoveries regarding the after-effects of oil in the Gulf ecosystem suggest that there is good reason to be concerned about the long-term health of those who worked on the cleanup efforts.

Were you affected by the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? Those activities may entitle you to a portion of settlement funds. If you think you are entitled to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has expertise in Gulf oil spill litigation and has the experience to help you through this process.  Contact us now at (601) 790-1505.

The BELO Process

The BELO process allows a cleanup participant who developed a medical condition as a result of his or her work but did not seek workers’ compensation benefits for that injury to sue BP for that condition—if the person meets certain requirements set out in the medical benefits settlement. This is becoming a more frequent issue, with an increasing number of BELO suits being filed each year.  These suits get in line with the 6,389 other “Notices of Intent to Sue” BP that have been filed under the settlement agreement.  As of today, about two-thirds of those claims have been approved.

Latest Science is Troubling

A recent study, led by Dr. Mark A. D’Andrea from the University Cancer and Diagnostic Centers sought “to investigate the potential health effect of the oil spill exposure by the Deepwater Horizon oil rig explosion in the Gulf of Mexico and dispersant use in subjects who were involved in the oil spill clean-up activity along the coast of Louisiana.” He conducted his study by taking blood samples of those who worked on the clean-up effort and those who did not. Dr. D’Andrea went into the study knowing that hazardous chemical such as benzene can leach into oil cleanup workers’ skin during any oil spill cleanup process.  The results of the study were deeply troubling.  Specifically, Dr. DiAndrea found that, “clean-up workers exposed to the oil spill experience significant health effects, specifically, altered blood profiles and liver enzymes that may lead to the development of hepatic or blood related cancer. Thus, clean-up workers are at a higher risk of developing health problems following exposure to the oil spill.”

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were harmed as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you are  due compensation for your losses. You may have heard that it is too late to file a claim or that there is no longer a way to attain compensation for your damages. The only way to understand your options is to hire an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were harmed as a result of the Spill. Barrett Law has the experience to take on oil spill defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

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Experienced Mississippi Whistleblower Lawyer Explains Illegal Hospice Kickbacks

Hospice care is end-of-life medical care and emotional support for dying individuals and their families. If you have ever gone through hospice with a family member, you know that it an extremely vulnerable time for everyone involved. It is not an area of medicine that I usually associate with fraud, but as I have said before in other blog posts if government money is involved, there are opportunities for fraud. And if there is fraud involving government money, there is an opportunity to become a whistleblower.

If you knowingly sell the government a product that does not meet government specifications—whether it is a missile, a mammogram machine, or mortgage-backed security—you are violating the False Claims Act, a 150-year-old law written to prevent war profiteering. You also cannot bilk the federal government by overcharging for services or pay kickbacks to attain contracts you aren’t entitled to. Because patients immersed in the hospice process are so vulnerable, there is a tremendous opportunity to defraud them or to entice them or their families to purchase unnecessary services.  If you are considering becoming a whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (601) 790-1505 to attain the guidance you require.

Hospice Care, an Overview

Hospice care commences when a patient is certified as “terminally ill.”  “Terminally ill” means that a person has less than six months to live and will no longer benefit from curative medical care. A patient is typically certified for hospice care for 90 days, which can be renewed for another 90 days afterwards.

Types of Hospice Care Kickbacks

There is a broad diversity of the kinds of hospice fraud, including kickbacks.  Kickbacks occur when a person exchanges money, services, or goods in exchange for another business directing customers towards their business.  Hospice kickbacks traditionally arise when a hospice provides free or heavily discounted nursing services to a nursing home. Hospice offers these services with the understanding that the nursing home will push the patient towards the hospice facility when he or she becomes terminally ill. Another classic type of kickback involves providing nursing homes with free or discounted goods in exchange for patient referrals. Finally, sometimes hospice services refer patients to nursing homes, expecting similar treatment in return.

These types of kickbacks are illegal because they give the hospice provider an additional advantage over competition based on the benefits provided to the nursing home, not on their superior performance. This sort of strategy to gain financial or market advantage is illegal under the False Claims Act. If you have witnessed these sorts of kickbacks, you may be able to attain a substantial reward as a whistleblower.

What Should You Do if You are Considering a Hospice Fraud Whistleblower Claim

Are you considering filing a whistleblower case regarding hospice care kickbacks or any other area of the health care industry?  The reward for submitting a successful claim can be massive, but you will only reap this sort of award with the help of an experienced whistleblower attorney. The United States Department of Justice gets thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Whistleblower Lawyer Discusses Trends in Pharmaceutical Fraud

The False Claims Act, a 150-year-old law written to prevent war profiteering, prohibits any fraud against the U.S. government. It also bars bilking the federal government by overcharging for services or paying kickbacks to attain contracts you aren’t entitled to. Federal programs like Medicare and Medicaid pay for a significant percentage of all prescription drug purchases, so any sort of fraud occurring in the pharmaceutical industry is ripe for a False Claims Act claim by a whistleblower. Remember, a whistleblower can receive 15% to 30% of any money that the government recovers, which can be significant given that these cases frequently run into the tens of millions of dollars.

But even if you are aware of specific information detailing massive fraud in some corner of the pharmaceutical industry, you must plead your case in a way that satisfies the legal requirement of the False Claims Act. If you fail to do that, your case will go nowhere. If you are considering becoming a whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (601) 790-1505 to attain the guidance you require.

Common Types of Pharmaceutical Fraud

Auto-Refilling Fraud

It is common for patients suffering from long-term or chronic health problems to have their prescriptions set to auto-refill.  This means that they do not have to renew their prescription, it automatically renews and is refilled by the pharmacy. In turn, the pharmacy bills the federal government for the prescription. However, those patients often get well, stop needing their prescription, or die, and while they may no longer need their prescription, it continues to refill automatically. In that situation, some pharmacies continue to bill Medicare and Medicaid indefinitely for the cost of the medication. This is doubly profitable fraud, as the pharmacy can then resell the unused drug; in essence, they sell the pharmaceuticals twice.

Average Manufacturer Price/Best Price Fraud

In the Medicare and Medicaid programs, extensive rebate programs help reduce the cost of pharmaceuticals for patients and the government. The more rebates that the pharmaceutical companies provide, the less money they make. Pharmaceutical manufacturers engage in fraud when they manipulate prices to reduce Medicaid and Medicare rebates.

Drug Switching

Drug switching is precisely what the name implies—a pharmacy provides a patient with a generic or cheaper drug and charges Medicaid or Medicare for the full priced version.  The pharmacy keeps the profit, while the federal government pays full price and consumers sometimes get a less effective product.

Illegal Kickbacks

Illegal kickbacks occur when a pharmaceutical company provides some incentive—cash, vacations, gifts, golf outings—to a pharmacy in exchange for filling prescriptions with the company’s specific products.

Off-Label Drug Marketing

The U.S. has a rigorous drug evaluation program. Part of that program assures that the drugs being marketed for a given use are only sold for that use.  Another name for that official use is its “label.”  When a drug is sold “off-label,” that means that a pharmaceutical company is marketing a drug for uses beyond what the government certified it for. This can be a cost saving measure for drug companies and pharmacies but may end up harming consumers and defrauding the U.S. government, which is often paying for a specific drug to treat certain particular remedies.

What Should You Do if You are Considering a Pharmaceutical Industry Whistleblower Claim?

The reward for submitting a successful pharmaceutical industry whistleblower claim can be massive. But you will only receive this sort of award with the help of an experienced False Claims Act attorney. The United States Department of Justice gets thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful False Claims Act case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Whistleblower Lawyer Explains Anti-Kickback Statute’s Statutory Safe Harbors

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The Anti-Kickback Statute is a federal law that penalizes those who intentionally pays or asks for goods, benefits, or money in exchange for referrals or payments for products or services reimbursable under a federal health care program. In a nutshell, it punishes people who offer or accept bribes for some advantage in health care contracting.  Congress enacted the Anti-Kickback Statute in 1972 “to protect patients and the federal health care programs from fraud and abuse by curtailing the corrupting influence of money on health care decisions.”

 

If you are considering becoming an Anti-Kickback Statute whistleblower here in Mississippi, you need to understand that not every exchange of money or good in the health care field is a kickback; there are “safe harbors” that allow companies to engage in financial relationships legally.  To understand this law, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (601) 790-1505 to attain the guidance you require.

Anti-Kickback Safe Harbors – The Basics

You may be asking, “what is a safe harbor”?  In law, a safe harbor is specifically proscribed conduct that is safe from prosecution.  For example, it is generally illegal to possess a rhino tusk. However, if the tusk is needed for medical research and is registered with the Department of Justice, a safe harbor may allow scientists to possess it legally. But if the scientist took the tusk home after the testing was done, he would “leave” the safe harbor and would be subject to possible prosecution.

Statutory Safe Harbors:

Some of the prominent statutory safe harbors in the Anti-Kickback Statute include:

Discounts

“[A] discount or other reduction in price obtained by a provider of services or other entity under a Federal health care program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under a Federal health care program.”

Written Contracts

“Payments based on valid written contracts from vendors of goods or services to authorized federal health care program purchasing agents, where the relevant providers of services disclose the amount received from each vendor, also qualify for safe harbor protection.”

Employment Contracts

“[A]ny amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.”

When you take these provisions together, it means that money can change hands without it being unethical under the Anti-Kickback Statute. But the exchange of money must represent a legitimate payment, or reduction in payment, that is clear, in the open, and available to other market participants.  It is when the payment or exchange is secret and between limited parties that ethical issues arise.

What Should You Do if You are Considering a Whistleblower Claim?

Are aware of fraud occurring in the healthcare industry? Are you considering filing a whistleblower case under the Anti-Kickback Statute?  The reward for submitting a successful claim can be massive. But you will only receive this sort of award with the help of an experienced False Claims Act attorney. The United States government receives thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful Anti-Kickback Statute case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Personal Injury Attorney Discusses Pharmacy Negligence

Pharmacists are a vital part of our lives and are a part of our life that we often take for granted. That is because usually, our experience with our pharmacist is seamless and easy. But the results can be disastrous when pharmacists make mistakes. Sadly, I have represented people here in Mississippi harmed by pharmacist errors and have written the following blog post to help explain the standards at play for bringing a successful negligence claim against a pharmacy or pharmacist.

If you or a loved one were injured or killed as a result of a pharmacist’s mistake, 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 (601) 790-1505.

Negligence in the Pharmacy

To make a successful claim against a pharmacy, it is not enough to merely have an adverse reaction to a drug. Generally speaking, to prove negligence against a pharmacist, you must show that he or she had a duty of care to you and failed to meet that duty. In laymen’s terms, that means that the pharmacist made a mistake that was reasonably avoidable with proper training, controls, or protocols. Pharmacies are strictly controlled environments and are governed by federal law, state law, and professional rules.  Any one of these standards provides a bar which pharmacists must consistently clear. There are many types of pharmacist errors that result in successful negligence claims, such as providing the wrong medication, providing the wrong dosage of the correct medication, providing a patient with incorrect instructions, failing to adequately counsel patients regarding dangerous drug interactions or combinations, failing to recognize dangerous drug allergies, printing the wrong instructions on the medication, and erroneously interpreting doctors’ notes.

You may also have a claim against the pharmacy itself for many different negligence theories.  “Negligent hire” is a claim based on a business’s decision to hire a person who is either not qualified or barred from employment. It is often triggered when a company employs someone without performing adequate background checks or assuring that the new hire possesses sufficient licensure. A failure to conduct appropriate background checks can result in a pharmacist who ran into problems at one pharmacy to simply move to another one. Another negligence claim may be based on negligent management of the clinic; this applies if unlicensed pharmacy techs routinely do the more technical work of licensed pharmacists, or if the pharmacy does not have an adequate training program to stay up-to-date with professional standards and practices.

What Should You Do If A Pharmacist Injured You or a Loved One?

If you or a loved one were injured as a result of medication provided by a pharmacist, save any bottles, medicines, labels, and prescriptions related to the prescription. These are vital evidence that will be necessary to prove your case.  Write down the names and contact information of anyone who accompanied you to the pharmacy when you picked up your medications.  Next, focus on healing. Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, and dealing with the pharmacy’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 to a mistakenly prescribed drug or any other type of pharmacy-related negligence. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Worker’s Compensation Attorney Explains Attractive Nuisances

You may have heard the term “attractive nuisance” and wondered what this legal term means.  But anyone who has children (or has ever been a child) understands the concept of a place that is simultaneously tantalizing and deadly to children. We all have played in abandoned junk cars, swam in pools, or climbed on farm equipment that was not in use. But if a child is injured in one of these places, whose fault is it? The answer to this legal question is “it depends.” Because I frequently field questions from parents whose children have been injured by an attractive nuisance, I have written the following blog post to provide some insight into what goes into successfully bringing an attractive nuisance claim.

If a child in your life was injured on a third-party’s property, you might be able to recover compensation for injuries and pain and suffering. Barrett Law has the experience to help you if you or a loved one has been injured.  Contact us now at (601) 790-1505.

The Attractive Nuisance Standard in Mississippi

Normally, a trespasser cannot recover for any injury he or she sustains on another person’s land, and a landowner must only refrain from willfully injuring them. However, if the trespasser is a child, they may be able to recover for their injuries if they were enticed onto the property by an attractive nuisance. To recover, a plaintiff must show that:

1) the landowner knew or should have known of the dangerous artificial condition on the property,

2) the landowner knew or should have known that children frequent the area where the dangerous condition exists,

3) the landowner knew or should have known that it is unlikely that the child trespasser could appreciate the risk presented, and

4) that the cost to correct the dangerous condition is minimal compared to the magnitude

of the risk.

Accordingly, it is not enough that a landowner has a dangerous artificial condition on his or her property. The landowner must also be aware that children frequent the area and are attracted to the nuisance. Finally, efforts to correct the dangerous situation must be minimal (such as erecting a fence) compared to the risk to the children.

A half-filled pool is a good example of an attractive nuisance. It’s commonly known that children love swimming. A half-filled pool is particularly dangerous because it is easy to jump in, but very difficult to climb out of, resulting in the swimmer’s exhaustion and, sometimes, death.  Since most pools are in populated areas frequented by children, keeping them either drained or full and fencing them off are widely-accepted strategies for minimizing pools’ risk to children who want to swim in them unattended. Other common attractive nuisances are: Playgrounds; Ponds and other water attractions; Trampolines; Discarded appliances such as washers, dryers, freezers, and refrigerators; Construction and farming equipment; Junkyards; Abandoned vehicles.

What Should You Do If a Child in Your Life Has Been Injured?

If a child in your life was injured while playing on a third party’s property, you might have a viable personal injury claim for his or her injuries. You should concentrate on your loved one’s recovery and leave the complexities of an attractive nuisance claim to an experienced personal injury attorney. Gathering evidence, arguing motions, and cross-examining witnesses will all be vital aspects to your case, and you cannot take the chance of hiring an inexperienced attorney to handle your case.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a child in your life has suffered an injury due to an accident occurring on a third party’s land. Contact us now at (601) 790-1505.

 

 

 

 

 

 

 

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Experienced Mississippi Personal Injury Attorney Explains the Difference Between Medical Malpractice and Medical Negligence

We go to hospitals for treatment and to get well, so it is always devastating when that treatment results in further harm or even death. I have sat with many grieving families who are seeking answers regarding a loved one’s death or injury. Eventually, one question that arises regards the difference between medical malpractice and medical negligence. These are two different legal concepts and can be confused easily by laypeople or even inexperienced attorneys. I have drafted the following blog post to provide an overview of these two types of negligence claims and to answer basic questions about them.

If you or a loved one has been injured or killed as a result of medical malpractice or medical negligence, you must find experienced counsel immediately to help you attain your fair share of compensation.  Contact us now at (601) 790-1505.

Medical Malpractice vs. Medical Negligence

In the most general terms, negligence is when a person has a duty of care to another person and does not reasonably fulfil that duty, resulting in harm. “Medical negligence” means that a medical professional such as a doctor or nurse deviated from the accepted standard of care in their treatment of you or a loved one.  This deviation must be unreasonable, but it does not have to be intentional.  Rather, the medical professional simply has to act inappropriately under the circumstances due to his or her ignorance. Plaintiffs often bring medical negligence case in cases of “mistakes” or omissions.

In comparison, “medical malpractice” occurs when a medical professional intentionally deviates from the accepted standard of care. Intent is the key to a malpractice case; in this type of case, a plaintiff must show that the medical professional was aware of the appropriate standard of care and decided to treat his or her patient in a manner that fell below that standard. I need to be clear; I am not indicating a situation where the medical professional decided to harm a patient—that is an assault or wrongful death claim—but, instead, I am describing a situation where the medical professional intentionally deviates from the accepted standard of care and harm unintentionally results.

In essence, medical malpractice is a more severe subset of medical negligence. The added component of medical malpractice is that the medical professional intentionally deviated from the standard of care, while the medically negligent practitioner simply failed to meet it. In either case, you will need to carefully gather evidence, preserve medical records, and make sure that you follow care legal advice to preserve your claim.

 

What Should You Do If You or a Loved One Has Been Injured or Killed by a Medical Professional?

 

If you have suffered an injury caused by the actions of a health care provider, you may be able to receive compensation for your losses. Winning a medical negligence or malpractice case is difficult. Filing the correct claim, against the proper party, with the appropriate evidence could mean the difference between being amply compensated and receiving nothing.  Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, and dealing with the doctors and hospital’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 or a loved one has suffered an injury due to an injury related to medical care. Contact us now at (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Discusses the Signs that You May Have a Concussion After a Car Accident

Not long ago, people erroneously believed that concussions were a minor injury with little or no long-term side effects. In large part because of professional athletes’ efforts to receive compensation for the effects of concussions received on the football field or ice rink, people have begun to realize that concussions pose a danger and can result in deadly neurological diseases such as CTE or Chronic Traumatic Encephalopathy. Clients frequently come to me complaining of concussion-like symptoms after a car accident. It is one of the most common injuries associated with car accidents, but what exactly are the signs of a concussion? I have written the following blog post to help you understand if you have suffered a concussion in a car accident.

If you or a loved one were injured in a car accident, you must find experienced counsel to help you attain your fair share of compensation for damage to your car, injuries, your loss of income, pain, and suffering. Barrett Law has the experience to help you if you have been injured in a car accident.  Contact us now at (601) 790-1505.

What is a Concussion?

Your brain is the size of two fists and floats in a thin layer of fluid inside your skull. Usually, it floats freely and is insulated from jostling and jolting by the fluid surrounding it.  A concussion occurs when your brain moves quickly and hits the front or back of your skull.

Signs You May Have a Post-Accident Concussion

Loss of Consciousness—this is one of the most straightforward concussion symptoms. When your brain strikes the inside of your skull, your body sometimes loses consciousness to protect itself.  Accordingly, a loss of consciousness is a strong concussion indicator.

Memory Loss—another strong symptom of a concussion is memory loss. If you cannot remember your accident or have problems remembering details after the crash such as dates and names, you are likely suffering from concussion symptoms.

Disorientation or Dizziness—if you are disoriented or dizzy after an accident, it may be because your brain is bleeding from contact with your skull. This is a significant symptom of a concussion and requires immediate medical attention.

Nausea or Vomiting—these are symptoms of a concussion, as your brain’s jostling can result in an ongoing feeling that the body is in motion.

Lingering Headache—a headache may be caused by many things after an accident, including whiplash and other injuries. But a lingering headache that does not go away may be caused by bruising on the brain.

Changes Sleep Patterns—a concussion can result in insomnia or an excessive amount of sleep. If your sleep patterns alter after an accident, you may have a concussion.

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

If you or a family member were injured in a car accident, you might have a viable personal injury claim for the damage to your car, the time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. 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 an accident. Contact us now at (601) 790-1505.

 

 

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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 (601) 790-1505.

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 (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Explains the Difference Between a Personal Injury Claim and Workers’ Compensation

If you or a loved one were injured in the workplace, you will likely wonder whether you should file a worker’s compensation or personal injury claim. Another question that clients here in Mississippi frequently ask is whether they can file both types of claim simultaneously. Because there is so much confusion swirling around these types of claims and how to proceed in a manner that best protects your rights and family, you must find experienced counsel to help guide you through the process and protect your interests. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

What is the Difference Between Workers’ Compensation and a Personal Injury Claim?

Workers’ Compensation

All Mississippi employers must pay into our state’s workers’ compensation program. It is a mandatory insurance program that compensates employees for injuries occurring in the workplace. This program compensates employees regardless of who is at fault; an employee will even be compensated for a workplace injury that was the employee’s fault. This is a significant benefit of the workers’ compensation program, as it allows for compensation even when fault or negligence (explained further below) cannot be demonstrated.

Personal Injury

A personal injury case does not necessarily result in automatic payments to an injured employee. Instead, an employer will only have to pay for injuries if the employer was somehow negligent towards the injured employee.  In this context, negligence means that a party has a duty to care for another person, failed to meet that duty of care reasonably, and the hurt party has compensable injuries as a result of that failure. To prove negligence, your attorney will have to gather evidence showing that your employer failed to meet a reasonable standard to protect you; you do not have a claim just because you were injured at work.

Differences in Compensation Between Personal Injury and Workers’ Compensation

If a personal injury case is much more involved and more difficult to prove, why do people pursue them?  In one word—damages.  In a worker’s compensation case, you will receive a much smaller amount than you might if you prevail in a personal injury case.  In a workers’ compensation case you will only receive compensation for your medical expenses, weekly compensation, permanent impairment benefits, and vocational rehabilitation. When you hear about people recovering tremendous settlements for their injuries, those settlements are usually based on compensation for pain and suffering. You cannot obtain damages for pain and suffering in a workers’ compensation case. If you take workers’ compensation, you cannot also sue your employer for pain and suffering and other injuries outside of the workers’ compensation program.

Is Possible to Bring Both a Workers’ Compensation Case and a Personal Injury Case?

While you cannot both file a workers’ compensation case and file a personal injury case against your employer, you may be able to file both if you are injured in the workplace. Imagine a situation where you are injured by a third-party subcontractor’s negligence while on a worksite. In that scenario, you could seek worker’s compensation from your employer—you were injured while at work—and seek further compensation from the third-party if your injuries are a result of their negligence. Filing both a worker’s compensation and a personal injury case is frequently called a “combination case” as is not uncommon here in Mississippi.

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

If you or a family member were injured at work, you might have either a personal injury claim or a workers’ compensation claim, or both.  Let experienced personal injury and worker’s compensation counsel guide you through the distinctions between these two types of legal actions.  Having experienced counsel by your side can mean the difference between being adequately compensated for your pain and suffering and loss of employment and receiving nothing at all.

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 (601) 790-1505.

 

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