Our Mississippi worker’s compensation attorney often hear from people who suffer a workplace injury and wonder about their right to file a personal injury lawsuit against their employer. Although the general rule is that an employee cannot file a lawsuit against an employer for work-related injuries, this does not mean that injured workers are without effective options to obtain compensation for their job-related injuries. While the Mississippi worker’s compensation system will constitute the sole remedy of an injured worker against his or her employer in most situations, employees can obtain justice and full compensation for their workplace injuries by pursuing worker’s compensation benefit from an employer and a third-party lawsuit.
Although injured workers are rarely happy to hear they cannot sue their employer for a workplace injury caused by the employer’s negligence, most Mississippi employer must carry worker’s compensation insurance (unless they self-insure). While worker’s compensation will constitute the sole remedy for an employee against an employer in most situations, there are advantages for the employee in using this system. One important benefit of a worker’s compensation claim is that an employee can get virtually all medical care and treatment handled without out-of-pocket expenses. The employer and insurance carrier cannot ask the employee to pay his own medical bills or to use private health insurance. In fact, the employee should not even receive a bill from the medical provider when a worker’s compensation claim is pending.
An additional benefit of pursuing a claim is that an employee is not forced to incur the delay and potential expense of litigation to obtain worker’s compensation benefits. Since the Mississippi worker’s compensation system is a “no fault”: system, an employee only needs to establish that he or she experienced an injury or occupational illness while engaged in conduct for the benefit of an employer. A personal injury lawsuit can take months or even years to be resolved, so an employee might not have medical expenses covered or receive wage replacement in a timely manner if litigation was required to receive benefits. However, the worker’s compensation system permits the employee to receive necessary and appropriate medical care and compensation for wage loss promptly without any requirement that the employer be shown to have “negligently” caused the injuries.
While the worker’s compensation system offers the benefits of speed and efficiency without the hassle of litigation, the types and amount of compensation received generally will be less than might be recovered in a personal injury lawsuit. Benefits include medical care, partial wage replacement, and compensation for long-term disability. However, claimants cannot receive monetary awards for losses like pain and suffering, emotional distress, impaired enjoyment of life, loss of consortium, punitive damages, or certain other types of damages.
This deficiency in the recovery available through worker’s compensation can be overcome by pursuing a third-party lawsuit against a negligent party other than the claimant’s employer. A personal injury claim against another party opens up access to the full range of damages available in a personal injury lawsuit. Generally, the fault of the third-party for causing the injury (at least in part) will have to be established to prevail in a third-party lawsuit. However, strict liability might be appropriate if defective machinery or tools caused your injury.
If you have been injured in a workplace accident or developed an occupational illness, our Mississippi Personal Injury Lawyers are committed to seeking the maximum compensation for victims of workplace injuries. At Barrett Law, we are here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.
