What to Do if Your Mississippi Workers’ Compensation Claim Has Been Denied

If you have been injured on the job, whether it be a cumulative stress injury or a work place related accident, you have the right to receipt of workers’ compensation benefits which will cover your medical expenses and offer partial payment for your time off from work.  Employees injured in any field are eligible for workers’ compensation benefits, from construction site workers to retail employees, office workers, and any other sort of workplace employee.

Despite broad workers’ compensation coverage, many workers’ compensation claims are denied for a variety of reasons.  Finding out your claim has been denied is frightening, as you are counting on receiving those benefits you have earned.  It is important any injured worker who has been denied workers’ compensation coverage understand they do have the right to appeal that denial and can still successfully obtain benefits to cover their medical expenses, lost wages, and more.

Why was your claim denied?

Unfortunately, your employer and the insurer both have a vested interest in denying your claim.  Your employer would like to avoid paying you for missed time off work, and the insurer, who is a for-profit business, will benefit from not paying your claim.  With this being said, many workers’ compensation claims are denied.  Any appeal from a denial will require examination of the reason behind the denial of your claim.

            Some of the most common reasons for denying workers’ compensation claims include:

  • Your injury was the result of a preexisting condition
  • You were not actually injured on the job
  • The injury was not as severe as you claimed it to be
  • You were injured on the job, but you can still perform work duties
  • Your injury is precluded from coverage by Mississippi state laws
  • Your injuries are the result of an unrecognized illness

Workers’ compensation claims can also be denied due to administrative failings, such as mistakes made in paperwork or not visiting an approved physician.  One of the most common reasons an employer denies a workers’ compensation claim is the employee failed to report or file the claim on time.  Injured employees have a strict time limit in which to report their injuries, or risk denial of their entire claim.

Appealing Your Denial

The moment you receive notification your claim has been denied, or approved for only partial losses, you should seek the assistance of a licensed and experienced workers’ compensation attorney in Mississippi.  A workers’ compensation attorney will evaluate your claim and the denial to uncover whether appealing the decision is the best course of action.  Your attorney can also seek to correct any mistakes that may have lead to the denial, in an effort to avoid the appeals process.

You have a very limited time in which to seek an appeal from denial of your workers’ compensation claim.  As such, you must act fast to preserve your workers’ compensation action.  You will require the assistance of a seasoned workers’ compensation attorney who can help you navigate the complex appeals process.

Barrett Law PLLC: Assisting Injured Workers Across Mississippi

Discovering your workers’ compensation claim has been denied is stressful and terrifying, leaving you feeling discouraged and vulnerable as to your ability to receive compensation for your medical bills and time off work.  The Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC know the steps to successfully appealing your denial.  For over 75 years, we have assisted injured Mississippi workers in receiving the workers’ compensation benefits they need to move on with their life and their recovery.  For experienced representation with zeal and compassion, call us today at 1 (601) 790-1505 to schedule your free consultation.

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Mississippi Workers’ Compensation Attorneys Discuss Electrocution and Burn Injuries in the Workplace

The workplace is home to thousands of electrocutions and other electrical accidents each year.  The Bureau of Labor & Statistics states that electrocution is the fifth leading cause of workplace related deaths.  Every year, over 500 workers will die by electrocution on the jobsite.  Employees working in industries that place them in close proximity to electrical sources are at the greatest risk for electrocution and electrical burns.

Employees who experience an electrical accident at a Mississippi job site will generally be entitled to receive workers’ compensation benefits.  Mississippi requires most employers to carry workers’ compensation insurance, which will cover all work related accidents.  Further, Mississippi employees who utilize the workers’ compensation system will be protected from any retaliatory action resulting from the filing of their claim.

Electrocuted on the Job: Who is Most at Risk for Electrical Accidents and Injuries?

Employees who work in the fields list below are at the highest risk for electrocution and other electrical accidents:

  • Electricians
  • Construction workers
  • Utility workers
  • Manufacturing workers

The number one source of electrical fatalities is overhead power lines, so anyone working in a field that requires contact with power lines is at a heightened risk for electrocution.

Electrocution, Electric Shock, and Burns

Employees often suffer from electric shock due to wear and tear on machines or wiring, ungrounded power supplies, and contract with underground electrical cords or overhead power lines.

Some of the most common electric shock injuries include:

  • Burns
  • Brain damage
  • Nerve damage
  • Tissue, nerve, or muscle damage
  • Organ damage
  • Neurological damage
  • Internal bleeding
  • Heart attack
  • Respiratory and cardiac arrest
  • Wrongful death by electrocution

Burns are often associated with fire, but they have other causes.  Electrical explosions, accidents, defective products, chemical exposure, and workplace accidents can also inflict burns.  Electrical burns are often severe and can lead to:

  • Tissue and nerve damage
  • Infection
  • Disfigurement or scarring
  • Loss of sight, hearing, smell, or taste
  • Inhalation injuries

Liability for Electric Shock Accidents

Mississippi employees injured in an electrical accident will generally incur significant medical expenses, require a lengthy recovery period, and be unable to maintain work obligations.  Employees will also experience pain and suffering, along with sometimes severe emotional or psychological affects.  Regardless of fault for the accident, Mississippi employees injured in electrical accidents are able to pursue benefits through workers’ compensation insurance.  In addition, any family who losses a loved one due to an electric accident in the workplace can obtain death benefits through the workers’ compensation system.

The workers’ compensation process can be confusing and often the employee will not immediately obtain the full benefits to which they are entitled.  All injured Mississippi employees, especially those who have sustained serious electrical accident related injuries, should contact an attorney early on to ensure they receive the benefits they need to fully cover medical and missed time from work expenses.

Barrett Law PLLC: Protecting Mississippi Workers

For over 75 years, across three generations, the Mississippi Workers’ Compensation Attorneys at Barrett Law, PLLC have provided skilled, zealous, and intelligent representation for Mississippi employees injured in work-related accidents across the state. Our workers’ compensation attorneys have the knowledge, experience, and resources to obtain the results you desire.  Barrett Law, PLLC operates on a contingency fee basis and the first consultation is always free.  If your workers’ compensation claim has been denied or if you are confused about the workers’ compensation process, the attorneys at Barrett Law, PLLC can help.  Call today at 1 (601) 790-1505 to schedule your free consultation.

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Carpal Tunnel Syndrome & Mississippi Workers’ Compensation Claims

Workers’ compensation laws in the state of Mississippi cover a wide range of job-related injuries. However, they are not all injuries that can be identified with the naked eye. Workers with injuries a lot less discernible can still warrant their share of compensation benefits.

Carpal Tunnel Syndrome is an injury that afflicts high number of workers, particularly those who are relegated to a desk job. All-day typing may not seem like a dangerous job, but it could bring about a painful and long-term injury.

Mississippi state laws require an employee to file for workers’ compensation within a specific period of time after suffering the injury. Nevertheless, identifying the point in time when a carpal tunnel injury was suffered remains rather difficult. That does not mean a claim cannot be field.

There is a lengthy period of time in which employees can file a workers’ compensation claim in Mississippi. Employees have two years from the time the injury was sustained. After that, the claim would be considered null and void.

Since the initiation of Carpal Tunnel Syndrome is so difficult to identify, workers can file a claim with an even longer statute of limitations. A claim should be filed during a time when the injury became ‘reasonably apparent.’ That term enables workers to have a lot of leeway as the system seems to favor employees in this instance.

Carpal Tunnel Syndrome is considered to be a cumulative trauma injury, which is defined as a work-related injury generally limited to the upper extremities and head. Cumulative trauma injuries affect tendons, ligaments and muscles. Some examples are neck strains, back strains and Carpal Tunnel Syndrome.

Carpal Tunnel Syndrome can be rather painful and its symptoms include the following:

  • Tingling of hands
  • Numbness in forearm, hands or wrists
  • Ache in forearm between wrist and elbow
  • Stiffness in fingers
  • Pins and needles sensation in hands

Surgery may be required to permanently correct Carpal Tunnel Syndrome. Severe symptoms can also prohibit normal everyday activities. Surgery is an intricate process in which doctors go in and reduce pressure on the median nerve in the wrist. This is done by actually cutting the transverse carpal ligament. Recovery time can take up to as much as three months.

To test for Carpal Tunnel Syndrome, doctors examine fingers, wrists and forearms in addition to testing the median nerve. Doing the same repetitive action with one’s hands is considered to be the main contributor to the onset of Carpal Tunnel Syndrome. The evolution of the computer age saw a dramatic increase in Carpal Tunnel Syndrome with so many computer programmers and operators becoming a steady part of the American workforce.

Diagnosing the beginning of Carpal Tunnel Syndrome is key to any workers’ compensation case in the state of Mississippi. It is also considered to be an occupational illness. In the state of Mississippi, there are for four kinds of workers’ compensation, of which a person with Carpal Tunnel Syndrome can be eligible to receive:

  • Temporary Total Disability Benefits: This covers an employee who is unable to work and provides 2/3 of the average weekly wage.
  • Temporary Partial Disability Benefits: This covers employees who are capable of doing some work at a reduced wage. They are paid the difference between their present wage and 2/3 of their average weekly wage prior to the injury.
  • Permanent Partial Disability Benefits: This covers employees who have been injured but their condition has improved while still being impaired. If the employee is still injured after 450 weeks, he/she will received 2/3 of the average weekly salary that was being paid prior to the injury.
  • Permanent Total Disability Benefits: This covers an employee who is unable to recover from the injury. payment of their full weekly salary will last up to 450 weeks.

If you have been injured on the job, the Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC can come to your aid. You do not have to suffer needlessly as there are laws that protect the rights of employees in every field. Our attorneys can help build your workers’ compensation case and ease your suffering. Call us today for a free confidential consultation at (601) 790-1505.

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Types of Compensation in Workers Compensation Cases

When a worker is injured on the job, it is likely that the person will receive some type of compensation in order to heal from his injuries while he is unable to work.  Most businesses in Mississippi with more than four employees are required to provide workers’ compensation insurance coverage, with some limited exceptions for charitable organizations and several other employers.  The type of compensation that a worker can receive depends on the nature of the injury and the long-term prognosis.

There are three types of benefits for an employee injured while performing work-related duties, although only two of these benefits are mandatory under the current terms of the act.  These are:

  • Medical Benefits – The employee is entitled to have his medical bills paid for any injuries reasonably related to the work activities.  An employee cannot be made to pay for the copayment under these circumstances.  Many times, the employer will attempt to force the employee to go to a “company doctor,” but the employee has the right to choose his physician.  The benefits should cover doctor’s bills and hospital charges, necessary nursing care, medications, rehabilitation, required medical devices and equipment, and travel reimbursement.
  • Wage Benefits – An employee who is unable to work because of the injury is entitled to compensation.  Under Mississippi law, an employee may receive up to two-thirds of the weekly wage that he was earning prior to the injury.  The compensation must be paid out to the employee every two weeks.  In addition, the determination of the treating physician will dictate whether the compensation is temporary, permanent, partial, or full.  There are times when a person may be out entirely, but a complete recovery is expected, in which case the employee will receive temporary full benefits.  An employee who never will be able to work again will receive permanent benefits for a period of up to 450 weeks.  There may be an employee who can work on a part-time capacity, but may not return to full-time employment and they will receive a pro-rated, or partial, permanent benefit.  Workers’ compensation payments are tax-free, so that covers some of the discrepancy between a full-time salary and benefits.
  • Vocational Benefits – There are times when an employee’s injury will prevent him from returning to the same type of work that he performed before the accident.  Under these circumstances, there may be an evaluation about whether training or education could prepare the employee for another type of work.  The employer can agree to this vocational benefit or the Mississippi Workers’ Compensation Commission could order it.  The benefit for vocational rehabilitation will not exceed $10 per week for 52 weeks.  At this time, employers are not required to provide coverage for this benefit, but it is recommended.

In addition to these benefits, the family of an employee who is killed on the job may be entitled to receive death benefits.  The surviving spouse may receive a lump sum benefit, a payment for funeral expenses (as determined by statute), and weekly benefits for dependents.  These dependents must have qualified as such at the time of the employee’s death.  Depending on the circumstances, the beneficiaries may be a spouse, the employee’s children, grandchildren, siblings, parents, or grandparents.  The beneficiary has the burden of proving that he or she is entitled to benefits under the Workers’ Compensation Act.

An employee who is injured on the job may believe that workers’ compensation will cover all of his needs without any further action, but the employer and insurance company are motivated to limit the payout as much as possible.  The experienced and dedicated Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC are prepared to fight to get you the maximum benefits to which you are entitled.  Call us at (601) 790-1505 for a free consultation.

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Repetitive Stress Injuries and Workers’ Compensation Claims

Under Mississippi law, employers have to provide workers’ compensation coverage for any injuries that an employee sustained while on the job.  However, there are many times when the employer will try to thwart an employee’s legitimate claim by:

  • Denying that the employee was injured while performing employment-related duties;
  • Denying that the employee suffered from a serious injury; or
  • Denying that the employee is permanently or temporarily disabled.

Injuries that are caused by repetitive motions are particularly difficult to prove.  Many times, a person injured in this manner will need to bring a legal action in order to force the employer to honor the claim.

Repetitive motion injuries are referred to by a number of names, including repeated motion injuries (RMIs), cumulative trauma disorders (CTDs), or repetitive stress injuries (RSIs).  There are a number of different types of injury, including the commonly known carpal tunnel syndrome, which afflicts many office workers who do a lot of typing.  This injury usually affects the hands, wrist, and/or forearm of the sufferer.  However, there are many different types of injuries that may occur when a person performs the same motion over and over again.

Frequently, it is difficult to manage working conditions in order to completely prevent repetitive stress injuries, there are things that a person can do to minimize the long-lasting harm, such as:

  • When performing repetitive work, take regular breaks in order to give muscles and joints a chance to recover from the motions;
  • Perform regular stretching exercises during work in order to reduce muscle stress;
  • Pay attention to the early signs of injury so that he can rest and recover before it develops into a serious injury; and
  • Try redesigning the work space to reduce the impact of the repetitive motions.

When a person has a repetitive stress injury, there are a number of symptoms that might present, including:

  • Redness and swelling around the bone joint;
  • Sensitivity to touching or movement;
  • Pain emanating from the area where the injury has occurred, which might be sudden and sharp or sustained and dull;
  • Pain radiating from the point of injury to the rest of the limb, head, back, or abdomen; and
  • Numbness of the injury site or the area around the injury.

When a person develops a repetitive stress injury, he may be able to recover from it with some rest, pain medication, and rehabilitation.  However, there are many cases where the person will suffer a permanent disability as a result of the injury.  Although these types of injuries should be covered by workers’ compensation insurance, these are the types of claims that an employer or the insurance company will try to deny.

It is important to realize that a person suffering from a repetitive stress injury  needs to take the time to recover from the injury.  Often, an employer will try to pressure the employee into an early return, leading to more damage.  There are times when the employer wants a company-retained doctor to evaluate the extent of the injuries.  An independent medical evaluation is important if it is necessary to pursue a claim before the Mississippi Workers’ Compensation Commission.

As an employee, you have the right to have your medical claim covered by workers’ compensation insurance if you were injured at work. The skilled and dedicated workers’ compensation attorneys at Barrett Law PLLC will sit down with you to develop the best possible legal strategy to get you the coverage that you deserve.  To start the process with a free case evaluation, call us at (601) 790-1505.  We only receive a fee if we succeed in getting you a payment on your claim.

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Is My Mississippi Workplace Accident Covered by Workers’ Compensation Alone?

Workers’ Compensation insurance is intended to make certain that a person injured in a workplace accident can receive compensation for the harm that was done, but Mississippi law imposes significant restrictions on the amount of money that can be paid out, so it is important to evaluate the true causes of the workplace accident carefully.

Workers’ Compensation insurance is intended to cover wages that were lost while the employee recovers from the injuries that he suffered while on the job, as well as reimbursement for medical bills and expenses, and compensation for pain and suffering.  While this sounds good in theory, the fact is that there are such low monetary caps and hoops through which to jump, that many victims do not receive enough money to meet their financial obligations, let alone get compensation for the pain and suffering that they have endured.

There are many instances where an employee will be injured at work and his employer will attempt to talk him out of filing a claim in order to avoid having the insurance rates go up.  In other cases, the insurance company attempts to avoid or minimize payment as their financial success is contingent on paying out as little as possible on claims.  Skilled Workers’ Compensation attorneys can get you over these hurdles.  However, there are other times when the injury that occurred was the result of third-party negligence and it may be possible to recover compensation from other individuals or business entities, which is not capped by Mississippi’s Workers’ Compensation laws.

A workplace accident might be caused by the negligence of others, including:

  • A defective part as the result of a manufacturing error;
  • Negligent work by outside contractors;
  • Injuries caused by a negligent driver while the employee was acting within the nature and scope of his job while traveling off-site;
  • A dog bite where the employee carrying out work-related duties; and
  • Slip and fall injuries in off-site location.

A person who was injured at work may receive money through Workers’ Compensation and still bring a separate legal action against the wrongdoer who caused or contributed to the  harm that was suffered.

The third-party who might be liable for the harm that you suffered, at least in part, might be:

  • Another individual who performed some service or supplied equipment as an independent contractor or outside vendor;
  • A different company that supplied workers or equipment;
  • The manufacturer of defective parts or equipment; or
  • A government entity.

Many cases involve a situation where there is a combination of employer fault and third-party negligence.  In these cases, the Workers’ Compensation payment may provide critical monetary assistance while the employee cannot work while also allowing the injured party the time to bring a claim against the third-party who contributed to the harm suffered.  An example of when this happens is when there is a piece of machinery that is critical to the ongoing business operations, but the employer learns that many of these machines have a manufacturing defect that makes them dangerous.  In order to avoid a stoppage of work, the employer does not replace the equipment and an employee gets hurt.  The employee may recover money under Workers’ Compensation and bring a claim against the manufacturer of the machine.

When Workers’ Compensation was developed, it was viewed as a means of making sure that employees were compensated for injuries while protecting employers from litigation.  The system is not perfect and there are many instances where the compensation available is not sufficient to meet the legitimate needs of the injured employee.  A careful review of the case may reveal that a third-party claim is possible.

A workplace injury causes serious problems for many people employed throughout Mississippi.  Workers often think that they are limited to what they received from a Workers’ Compensation claim, but a third-party claim might be possible.  The dedicated and experienced Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC will evaluate your case during a free initial consultation and discuss your legal rights with you.  To schedule an appointment, call us at (601) 790-1505.  We do not collect any fees unless we recover compensation for you.

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5 Things to Know if You Suffer a Workplace Injury

Over three million workers each year will experience a non-fatal occupational injury or illness.  Injuries vary from minor cuts, scrapes, or falls that will require little medical care, to catastrophic and debilitating harm that may leave employees disabled for a lifetime.  Sadly, thousands of Americans die from workplace injuries, including 60 individuals last year in Mississippi alone.

In Mississippi, as in nearly all states, employers with over five employees are required to carry workers’ compensation insurance.  This insurance will cover the medical costs and lost wages of injured employees.  There is no need to prove fault in order to receive benefits.  Workers’ compensation insurance will cover any injury and most illnesses or diseases that arise out of the course and scope of employment.  It does not matter how slight or grave the injury or illness, it will be covered.  Certain employees, such as farm laborers and employees of non-profit charitable organizations are not covered under the law. While it provides broad coverage, workers’ compensation does limit your recovery against the employer.  In some scenarios, injured employees may have a basis for a personal injury lawsuit if the injury resulted from the negligence of a third party.

If you have suffered a workplace injury, you likely have many questions regarding your rights. The following is a list of the top five things you should know concerning workplace injuries or illnesses:

  1. Always report your injury or illness that may be due to your job – you must make an official report to the appropriate party, which could be your HR department, supervisor, or risk-management department, as soon as the injury or illness occurs.  Sometimes, it is not immediately apparent your injury is due to your job, as in the case of arthritis or back problems.  In this scenario, report the injury or illness as soon as the connection is made by your doctor.  You should receive an incident report to fill out.  Make copies of everything along the way.
  2. Visit the appropriate medical provider – in the event of an emergency, travel via ambulance to the nearest trauma center.  For non-urgent situations, you have the right in Mississippi to select one medical provider of your choosing to render treatment.  This provider may make one referral without approval from the employer.  However, any further referrals must be approved by the employer in advance.  Using a different physician, clinic, or hospital could result in your medical bills not being covered under workers’ comp.
  3. Notify medical personnel that you were injured on the job – hospitals and doctor’s offices will require you complete a form that asks whether the injury or illness is workplace related.  Be sure to state that it is, as this will ensure your bills are directed to your employer or insurance company instead of you.
  4. Consult with a workers’ compensation attorney – it is always best to consult with a licensed attorney in your area when you have been injured on the job.  Employers and the insurance company are not always forthcoming with providing the requisite medical and wage coverage. Further, in some instances, you might be entitled to additional recovery outside of the workers’ compensation laws. A knowledgeable workplace injury attorney can ensure you receive the recovery to which you are entitled.
  5. Wage loss payments are capped – if you suffer fewer than 14 days of disability, which is defined as days you are unable to work due to injury, wage loss payments are not made for the first five days.  If you miss more than 14 days, payment will be for all days. Wage loss payments are up to two-third the employee’s average weekly wage, not to exceed $454.42 for 2014.  Disability benefits are also capped over one’s lifetime.  The cap for lifetime disability in 2014 is $204,489.00.

At Barrett Law PLLC, our experienced Mississippi workplace injury attorneys will fight tirelessly to see that you receive the compensation you deserve for your occupational injury or illness.  With decades of experience in the industry, our stellar reputation speaks for itself.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule a free initial consultation.

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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 (601) 790-1505.

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The Government Shut Down & Your Mississippi Workers’ Compensation Claim

If you are an employee of the federal government and have a workers’ compensation claim pending or a claim that needs to be filed, you are undoubtedly frustrated, worried, and wondering what to do next in light of the current state of affairs of the federal government. Below is a summary of the major workers’ compensation programs administered by the federal government and the status of them during the government shutdown. If you or a loved one is a federal employee and has recently suffered an injury related to your employment, please contact our office today to discuss your options during the shutdown, as well as your rights and options after the shutdown. You can reach Barrett Law PLLC at (601) 790-1505. We understand the fear and uncertainty you are likely facing during this time, both as a result of your injury and the delay that you may be facing in the processing of your claim, and we are here to help you.

Two key government agencies—the United States Department of Labor and the Centers for Medicare/Medicaid Services—are responsible for administering workers compensation claims for federal employees under various workers’ compensation programs.

The United States Department of Labor administers, through the Office of Workers’ Compensation Programs, Division of Federal Employees’ Compensation, the Federal Employees’ Compensation Act. The Division of Federal Employees’ Compensation is partially operational during the government shutdown. It will continue to process new claims and administer existing claims.

The United States Department of Labor also administers, through two of its extensions, the Longshore and Harbor Workers’ Compensation Act. These two extensions include the Office of Workers’ Compensation Programs and the Office of Administrative Law Judges. Each of these Offices is closed, and no hearings, filings, or similar actions will occur during the government shutdown. Because of the closure of each of these offices, Stephen L. Purcell, Chief Administrative Law Judge, issued an extension of filing and related deadlines. The new due dates for any activity is to be calculated by adding the number of days the government is shut down to the original due date. Additionally, it is expected that delays in processing claims, conducting hearings, etc., will occur after the government shutdown is over, due to the accumulation of backlogged cases.

The United States Department of Labor, through the Office of Workers’ Compensation Programs, is also responsible for administration of the Energy Employees Occupational Illness Compensation Program. All division offices administering this program remain open during the government shutdown.

Finally, the United States Department of Labor, Division of Coal Mine Workers’ Compensation, is an extension that is responsible for the administration of the Black Lung Benefits Act. The Division of Coal Mine Workers’ Compensation, is providing limited services only during the government shutdown.

The Centers for Medicare/Medicaid Services and its extensions are partially operational. The Workers’ Compensation Review Contractor, which reviews Medicare Set-Aside claims, remains open during the government shutdown. However, because regional offices of the Centers for Medicare/Medicaid Services are themselves closed, delays in processing final approval of Medicare Set-Asides will occur. The Medicare Secondary Payer Recovery Contractor, which is responsible for recovering conditional payments for Medicare, also remains open during the government shutdown. As with the United States Department of Labor and its extensions, delays in processing claims will occur after the government shutdown is over, due to the accumulation of backlogged cases.

Barrett Law PLLC has significant experience representing individuals injured or killed on the job in the Lexington, Mississippi, area. If you or a family member is a federal employee and have questions about your rights during the government shutdown, please contact our office today to schedule an initial, no-cost consultation. We can be reached (601) 790-1505.

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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 (601) 790-1505.

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