This is the second installment of our blog that provides answers to recurring questions about Mississippi worker’s compensation claims.  While we have attempted to answer many of the most common questions we receive from prospective clients, injured workers are welcome to contact us for more specific information about your claim.

How should an employee beset by a workplace injury or occupational illness proceed?

When workers experiences a work-related injury, they should notify their supervisor or other individual designated by the company.  It is essential that the reporting of the incident and injury be accurate and prompt.  Although notice should be given as soon as practical, the employee needs to provide notice within thirty days of the incident causing injury.  If the employee does not hear back about the claim, the claimant should seek immediate legal advice.  When two years elapse from the date of injury without payment of wage loss benefits, the employee will forfeit all rights to benefits unless the claimant has commenced a claim with the Commission during the two year period.

Will a claimant be required to pay a deductible for medical benefits as under health insurance policies?

While the employer might have to pay a deductible, an injured worker pursuing a claim for a workplace injury can pursue medical benefits free of charge, which means no deductible is needed.

Will a claimant receive benefits covering all work days that are missed?

If an injured worker is disabled for a period shorter than 14 days, a waiting period must be observed before benefits are paid.  In this situation, the employee will not be compensated for the initial five day period.  When a worker’s disability is severe enough that the claimant misses 14 days or more, there is no waiting period that must be met prior to entitlement to benefits.

When will coverage commence after a claim is made?

An employee will become eligible and covered once the employee starts his tenure at the company.  There is no probationary period or minimum earning threshold that must be satisfied prior to the claimant becoming eligible for benefits.

What is the duration of wage loss benefits?

The duration of payments for disability depend on the nature and severity of the injury.  When an employee is rendered totally and permanently disabled, the time limit will depend on specific facts related to the injury.  However, the maximum duration that worker’s compensation benefits will be paid cannot extend beyond 450 weeks.

Can I assume that safety violations and obvious workplace hazards are irrelevant since the worker’s compensation system operates on a “no fault” basis?

Although worker’s compensation benefits do not depend on negligence, compensation through such benefits often fall short of what is needed to make an injury victim whole.  Safety practices should be observed because prevention is a better alternative than the recovery of works comp benefits.  Frequently, a civil lawsuit can be filed against parties responsible for a work-related accident other than the claimant’s employer.  Safety violations often constitute negligence and entitle an injured worker to damages against a third-party defendant.

Do I really need an attorney to pursue my claim for benefits?

There are many reasons to retain a Mississippi worker’s compensation attorney.  The attorney can makes sure that a claimant has appropriate medical evidence to support the claim.  Legal advice can also prove invaluable to ensure proper compliance with procedural and timing requirements in pursuing a disputed claim for benefits.  Further, an experienced workplace injury lawyer can explore viable liability claims against third-party defendants.  A third-party lawsuit can facilitate a fuller recover because damages in a civil lawsuit can include pain and suffering and other types of compensation that do not fall within the purview of the worker’s compensation system.

Our Mississippi Worker’s Compensation Lawyers at Barrett Law have successfully represented many injured employees in obtaining worker’s compensation benefits and damages in third-party lawsuits.  At Barrett Law, PLLC, 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.