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Experienced Mississippi Workers’ Compensation Attorney Discusses Workers’ Comp Insurance for “Handymen” and Independent Contractors

While all employers in Mississippi are required to carry workers’ compensation insurance for their employees, many “handymen” or other sole proprietor independent contractors do not take out this sort of insurance to protect themselves in the event that they are injured while providing their services for a homeowner or business. This oversight results in many problems for the injured worker, the most obvious problem being that medical bills go unpaid, and a loss of income causes catastrophic problems for the injured worker’s family. Independent contractors must carry workers’ compensation insurance for themselves. It is inexpensive and can mean the difference between having your bills covered while you heal and bankruptcy.

If you or a loved one was injured on the job, you will need to have experienced workers’ compensation counsel help you attain your fair share of compensation for your injury, loss of work, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Why Handymen and Independent Contractors Need Workers’ Compensation Insurance

People who employ employees are required by Mississippi law to have workers’ compensation insurance. While this is a business expense, it also serves as a safety net for employees who are injured on the job, even if the injury is a result of their negligence or recklessness. While businesses must have workers’ compensation insurance, many handymen, independent contractors, and sole proprietors fail to carry this relatively inexpensive insurance. That is a significant mistake, as if they are injured on the job and can no longer work, it can devastate them financially.

Workers’ compensation insurance covers a wide range of injuries, including travel to and from job sites. It also includes workers who are injured by the third parties that employee them. If you are a handyman that is injured in either of these two situations, you can sue the person who injured you. However, this is likely to be a long, drawn-out process, and it is not guaranteed that you will receive any compensation. That is the beauty of workers’ compensation insurance; it pays out quickly and does not require filing any legal action to collect.

The annual premiums for workers’ compensation insurance will vary depending on the type of work you perform. Regardless of the premium rate, however, the amount is far less than having to pay out of pocket for a severe workplace injury.

What Should You Do If You or a Loved One Has Been Injured While on the Job?

If you or a loved one suffered an injury in the workplace, you must contact a workers’ compensation attorney immediately. Being out of work and the ensuing loss of income can devastate a family and lead to bankruptcy and divorce. Avoid those tragic outcomes by carrying workers’ compensation insurance and attaining the assistance of an experienced Mississippi workers’ compensation attorney immediately following your workplace injury.

If you were injured as a result of a workplace accident or during your commute to the workplace, you will need the assistance of an experienced personal injury attorney to gather your medical records, attain expert opinions regarding how your third party employer caused your injuries, and take depositions of the medical professionals that provided your care, not to mention fighting the other side’s attorneys. These are not tasks that you can accomplish alone. You will need an expert on your side.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured as a result of medical malpractice. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Workers’ Compensation Attorney Explains How Workplace Pollutants Can Cause Sarcoidosis

When people hear the words “workers’ compensation,” they often think of people straining their backs lifting heavy objects, suffering from industrial burns, or developing carpal tunnel syndrome because of poor ergonomics. While all of those injuries are common in workplaces here in Mississippi, there is are also a large class of injuries that are not painful, have few or no external symptoms, and do not develop after a single incident.  Sarcoidosis is one of these conditions. It is an inflammatory condition that attacks multiple organs, usually focusing on the lymph glands and lungs.  In sarcoidosis, granulomas form around the body’s organs.  Granulomas are masses of cells. While many people can lead healthy lives while suffering from sarcoidosis, it granulomas can cause scarring on the heart, lungs, and other organs, which over time decreases the person’s quality of life and can even result in death. In this blog post, I will explore the workplace causes of sarcoidosis and what you should do if you are diagnosed with this disease.

If you or a loved one was injured at work, including a diagnosis of sarcoidosis, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for your decrease in health and time away from work. Barrett Law has the experience to help you if you.  Contact us now at (601) 790-1505.

Causes of Sarcoidosis

Work environments result in a significant percentage of sarcoidosis cases.  A recent journal article indicated that about a third of cases stem from the employee’s workplace.  Specifically, exposure to ambient dust and gases over time results in not only sarcoidial masses—granulomas—growing on workers organs, particularly their heart and lungs.  While these masses may not affect employees’ health at first, over time, they cause scarring on the organs that weaken the body and can even result in death.  Many people suffering from sarcoidosis also develop other better-known workplace breathing ailments such as asthma, bronchitis, and chronic obstructive pulmonary disease.

Sarcoidosis is particularly an issue for firefighters, welders, farmworkers, and those working in industrial workplaces such as the petrochemical industry.  All of these workplaces are common in Mississippi. Negative health conditions like these can be exacerbated if workers are subjected to constant workplace dust and gasses without either sufficient ventilation or breathing filtration.

What Should You Do if You Were Diagnosed with Sarcoidosis?

If you receive a diagnosis of sarcoidosis, you have every right to file a workers’ compensation claim. You should be compensated for medical costs, loss of work, and damages related to your exposure to dust and vapor at work.  The first step of any workers’ compensation case is to report a claim with your employer.  Make sure that your report is timely, meaning it is filed as soon as you are aware of your condition.  Also, make sure that it is in writing and follows all of your employer’s injury reporting guidelines.  Next, contact an experienced workers’ compensation attorney to begin preparing the necessary documentation to support your claim. Let experienced counsel take care of preserving medical records, documenting the accident, attaining expert opinions, and dealing with your employer’s attorneys. These are essential tasks that only a workers’ compensation attorney can handle for you. If your claim is ever challenged, you will want to have detailed medical records and expenses related to your condition—your employer will not just take your word for it.

Call Barrett Law now, an experienced Mississippi workers’ compensation law firm, to represent you if you have suffered an injury in the workplace or suffered retaliation as a result of your report. Contact our Mississippi Workers’ Compensation Attorney today at (601) 790-1505.

 

 

 

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Experienced Mississippi Workers’ Compensation Attorney Explains Back Injuries and Medical Professionals

Nationwide, there has been a dramatic increase in the number of medical professionals—doctors, nurses, CNA’s, physician’s assistants—that are suffering back injuries.  This is rapidly becoming the most common on-the-job injury for those working in the medical profession, and I have written the following blog post to provide answers to commonly asked questions regarding back injuries. Several factors are currently converging here in Mississippi to exacerbate this problem, which I will describe in detail below. I will also explain the steps you should take if you sustain a back injury while on the job.

If you or a loved one is a medical professional that sustained an injury at work, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for your injury, loss of income, recovery, and other harms. Barrett Law has the experience to help you.  Contact us now at (601) 790-1505.

Why are there an Increasing Number of Back Injuries in the Medical Profession?

Several factors are converging to create a dangerous situation for Mississippi medical professionals.  First, the medical professional population is aging. The baby boomers are beginning to age out of the workforce, but because pensions have given way to less reliable 401k-type retirement plans, many remain in the workforce longer than their bodies will allow. As a result, this demographic is more susceptible to injuries of all types.  Second, medical facilities have cut back on staffing, often relying on fewer workers to work longer hours and perform more work. Working in the medical field usually requires lifting and moving patients; with fewer workers, the remaining staff must engage in that many more lifts per shift. Third, there is an increasing number of immobile patients in medical centers due to the obesity epidemic and an aging population.  As a result, occupational injuries related to lifting are on the rise.

What Should You Do if You Experience a Back Injury While at Work

You have a right to file a workers’ compensation claim for any injury incurred at work or because of work.  This is true even if your own mistake, negligence, or recklessness played into your injury.  Employers pay into workers’ compensation insurance for all injuries, regardless of their cause.

If you are injured at work, be sure to follow your employer’s reporting guidelines explicitly. Regardless of the guidelines, be sure to report your injury immediately and in writing. If you fail to put your report in writing, it can be “forgotten,” and your claim can be denied if it is not timely.  Worse, even if your report is timely, your employer can claim that some outside of work injury was the real cause of your injury, leading to a denial.

Once you have reported your injury, seek medical attention immediately. Attaining an unbiased, medical professional’s assessment of your injury is essential to recovering your fair share of compensation.  This is true even if you “feel OK” after an injury. Back injuries usually take days or weeks to develop, and you want to attain a baseline assessment of your health immediately after an accident.  Finally, once you have notified your employer of your injury and attained medical help, contact an experienced workers’ compensation attorney immediately.

What Should You Do if You Were Injured at Work?

If you are a medical professional and sustained an injury while at work, regardless of fault, you have every right to file a workers’ compensation claim. You should be compensated for medical costs, loss of work, and damages related to the retaliation such as back pay and loss of future earnings.

Call Barrett Law now, an experienced Mississippi workers’ compensation law firm, to represent you if you are a medical professional that suffered an injury in the workplace. Contact us now at (601) 790-1505. Our Mississippi Workers’ Compensation Attorney looks forward to making a difference for you.

 

 

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Experienced Mississippi Workers’ Compensation Attorney Explains—Signs that Your Workers’ Compensation Case May Be High Value

All employers here in Mississippi have a legal duty to pay into the workers’ compensation system.  The point of workers’ compensation is simple: employers pay into the system so that workers’ injuries are paid for in the event of a workplace injury.  Employees are covered by workers’ compensation even if the injury was the result of their negligence. One of the most challenging things to judge, however, is the value of a workers’ compensation claim.  Even if an employer pays a claim, it is difficult to assess whether the employee is accepting a fair deal or a fraction of what he or she should be receiving. I have counseled countless employees here in Mississippi about their workers’ compensation claims’ values and can do the same for you or a loved one that has been injured.  Because I so often receive questions about workers’ compensation claim values, I have written the following blog post to provide an overview.

If you or a loved one was injured at work, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for his or her injury, recovery, and harm. Barrett Law has the experience to help you if you.  Contact us now at (601) 790-1505.

Factors Influencing the Value of Your Workers’ Compensation Case

It is essential that you not settle your workers’ compensation claim for less than it is worth.  The following are factors that usually increase the value of your claim.

You Have Missed a Significant Amount of Work

Missing a few days or weeks of work is not uncommon after a workplace accident. However, if you have lost more than a month of work, you should see that absence as an indicator that your claim may be worth a significant amount of compensation.  This is particularly true if you have been out of work so long that your work skills and knowledge have deteriorated as a result of the absence.

You Will Have to Change Careers

If your injury was so significant that it prevents you from continuing in the same career, it is a high-value claim.  If you require extensive retraining or moving costs to remain in a new job, those costs can be included in your workers’ compensation claim.

The Injury is Catastrophic

If your injury resulted in a permanent injury or loss of a limb or other body part, you should definitely not settle your workers’ compensation claim without the assistance of an experienced workers’ compensation attorney.  These are catastrophic injuries, and the compensation that you are due from this sort of life-altering event does not fit neatly into traditional compensation categories.

You Required Extensive Medical Care

Many people injured in the workplace only need to rest for a few days before they can return to work. On the other hand, it is easy to rack up hundreds of thousands of dollars in medical bills if your injury required an extended hospital stay or surgery.  If your medical bills are extensive, you should seek assistance from a workers’ compensation attorney to help you gauge what a fair settlement of your claim should be.

What Should You Do if You Were Injured at Work?

If you were injured at work, regardless of fault, you have every right to file a workers’ compensation claim.  It is illegal for your employer to take any action against you in retaliation for filing that claim. You should be compensated for medical costs, loss of work, and damages related to the retaliation such as back pay and loss of future earnings.  Let experienced counsel take care of preserving medical records, documenting the accident, attaining expert opinions, and dealing with your employer’s attorneys. These are essential tasks that only a workers’ compensation attorney can handle for you.

Call Barrett Law now, an experienced Mississippi workers’ compensation law firm, to represent you if you have suffered an injury in the workplace or suffered retaliation as a result of your report. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Workers’ Compensation Attorney Explains Workers’ Compensation Retaliation

All employers here in Mississippi have a legal duty to pay into the workers’ compensation system.  The point of workers’ compensation is simple: employers pay into the system so that workers’ injuries are paid for in the event of a workplace injury.  Employees are covered by workers’ compensation even if the injury was the result of their negligence. Accordingly, it is not a black eye for employers or a sign that they have an unsafe workplace if an employee collects workers’ compensation. However, many employers view a claim as an attack and illegally retaliate against injured employees.   I have written the following blog post to help people understand workers’ compensation retaliation, its signs, and what to do if you are retaliated against.

If you or a loved one was injured at work and has subsequently experienced retaliation, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for his or her injury, recovery, and the harm caused by the retaliation. Barrett Law has the experience to help you if you.  Contact us now at (601) 790-1505.

Workers’ Compensation Retaliation—Why Does It Happen?

As I indicated above, it is not necessarily an indication of an unsafe workplace when employees file a workers’ compensation claim. So why do employers retaliate? In some cases, if a certain number of employees file workers’ compensation claims, the employer’s workers’ compensation insurance premium can increase. That ends up becoming an actual cost that is imposed upon the employer.  Also, some employers simply have an emotional response to any claim filed against them and act defensively and retaliate against the employee making a claim.

What Does Workers’ Compensation Retaliation Look Like?

Most commonly, workers’ compensation retaliation looks like adverse action against the employee shortly after the employee files a claim, has a claim denied or has a claim granted.  One thing to keep in mind is that it does not matter if your claim is denied or granted if your employer takes adverse action against you—denial of ordinary vacation leave, termination, denial of a promotion—it is illegal retaliation.  Many employers erroneously believe that once your claim is over, they can take adverse action against you. That is incorrect.

What Should You Do if You are the Victim of Workers’ Compensation Retaliation?

If adverse employment action such as termination, harassment, or denial of ordinary leave or pay raises occurs after you file a workers’ compensation claim, you may be the victim of retaliation.  First, you should contact an experienced Mississippi workers’ compensation attorney immediately.  Second, request and retain all records pertaining to your medical file, your personnel file, and any discipline you have received.  Also, request a copy of your employer’s employee handbook and any employee policies. Third, do not talk to coworkers about the matter and stay off of social media regarding the incident; people often complain or vent online, and these statements can come back to haunt you later.

If you were injured at work, regardless of fault, you have every right to file a workers’ compensation claim.  It is illegal for your employer to take any action against you in retaliation for filing that claim. You should be compensated for medical costs, loss of work, and damages related to the retaliation such as back pay and loss of future earnings.  Let experienced counsel take care of preserving medical records, documenting the accident, attaining expert opinions, and dealing with your employer’s attorneys. These are essential tasks that only a workers’ compensation attorney can handle for you.

Call Barrett Law now, an experienced Mississippi workers’ compensation law firm, to represent you if you have suffered an injury in the workplace or suffered retaliation as a result of your report. Contact us now at (601) 790-1505.

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Experienced Mississippi Worker’s Compensation Attorney Provides an Overview of New OSHA Rules Regarding Injury and Illness Reporting

Workplace injuries and illnesses are universal, regardless of whether you work on a fishing boat, an oil rig, or in a cubicle.  As a result, most people are aware that all Mississippi employers must carry worker’s compensation insurance. What many people do not know is that large employers must also report their employees’ work-related illnesses and injuries to the federal Occupational Health and Health Administration (OSHA) for tracking purposes. These statistics allow the federal government, unions, and employees to track health and safety issues at employers.  The Trump administration has made a significant change in these reporting regulations, however, and I wanted to highlight the differences and how they will likely affect Mississippi workers.

If you have sustained a workplace injury, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

New OSHA Reporting Regulations for 2019

This past January, OSHA revised the rules regarding workplace illness and injury reporting requirements. This revision eliminates reporting requirements instituted by the Obama administration that required businesses employing 250 employees or more to file electronic reports describing all employees’ illnesses and injuries. Companies must still keep these records, but they no longer have to submit them electronically to OSHA.

Is this change a positive or a negative for employees?  It is hard to say.  OSHA contends that this is a net win for employees, as the records that had previously been submitted contained sensitive employee information regarding health information.  OSHA’s position is that it was too much of a risk to employee privacy to be providing this information electronically. Additionally, the agency sees this change as a business-friendly move to relieve an administrative burden. Critics contend that this is a move away from employer transparency and that OSHA’s shift in position will allow large companies to keep unsafe work conditions shielded from outside eyes. The ultimate answer to this question may come from the courts, as six states are suing OSHA to reinstate the Obama-era rules. The states involved claim that the change in policy will have the net result of making workplaces in their states more dangerous.

I am on the fence regarding these changes.  I do not have tremendous confidence in OSHA’s ability to keep sensitive employee data safe, but believe that that justification is likely just an excuse to remove an onerous responsibility from employers.  Employers must still compile the data in question and make it available to OSHA inspectors, but I have to wonder if administrative pressure on OSHA will also make these inspections occur less frequently.  In the end, I anticipate that this is a growing trend in making workplaces less safe for workers.

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

If you or a loved one was injured or sickened in a workplace accident, you are due compensation for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. But finding the right type of claim that can make you most whole requires careful analysis and thoughtful legal advice.  Call me today to begin the most critical legal conversation of your career.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you have suffered an injury in the workplace. Contact us now at (601) 790-1505.  The seasoned Mississippi Worker’s Compensation Attorney is ready to assist you now!

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Experienced Mississippi Worker’s Compensation Attorney Explains Skid Steer Accidents

One of the most common pieces of machinery that I see on Mississippi work sites is the skid steer, or, its brand name, the Bobcat. These small, practical pieces of machinery are ubiquitous on work sites because they can perform a wide variety of tasks and, unlike larger machines, are relatively easy to learn to use. But I say “relatively” because these machines are capable of tremendous damage, and I see clients who come in with skid steer injuries caused by rookie operators.  Because skid steer injuries are so common, I have written the following blog post to detail what you should do if you or a loved one is injured in a skid steer accident while on the job.

If a skid steer injured you or a loved one while at work, one thing is critical to know—you will need to have experienced worker’s compensation counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Skid Steer Safety Basics

Skids steers are lightweight, agile, and capable of lifting large loads; but those attributes become liabilities in the hands of an inexperienced operator.  The most common skid steer accidents involve other workers being entrapped within the skid steer’s mechanisms, run over, or being caught under tipped skid steers.  That is often because a novice operator is overly focused on loading or dumping the machine and is not sufficiently focused on his or her surroundings.  The following are basic rules for working with and around skid steers:

Never Use a Skid Steer to Transport People—while it may sound fun or easy to take a quick ride across a job site in a skid steer’s bucket, this is incredibly dangerous.  Skid steers can rock violently, throwing or crushing bucket passengers.

Never Leave a Skid Steer Running—it can be inconvenient to go through the startup process every time you get in or out of a skid steer.  However, many injuries stem from people climbing in or out of running machines and accidentally engaging its lifting arms or treads. If either happens, a person standing on the treads can be crushed by their movement or by a lifting arm that traps a finger or arm in between two pieces of metal.

Keep Clear of Skid Steers While They Are Operating—unlike a car, skid steers do not have rearview mirrors and have large blind spots. Give operators a wide birth.  Similarly, avoid working on slopes in skid steers and avoid them when they are working on an incline. While skid steers are agile climbers when they are climbing up a hill, they are prone to tipping if their treads are parallel or close to parallel with a slope.

What Should You Do If You or a Loved One Has Been Injured on the Job by a Skid Steer?

If you or a loved one was injured on a worksite by a skid steer, you will need experienced personal injury counsel to help you through the Mississippi worker’s compensation process. Once a claim is filed, let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the worker’s compensation board. These are essential tasks that a personal injury attorney can handle for you while you heal and work to get back to work.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you have suffered an injury on the job. 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 Worker’s Compensation Attorney Discusses Compensation for Workplace Forklift Accidents

I have represented countless people here in Mississippi injured in workplace accidents. While I have seen a wide variety of accident types, forklift injuries represent a recurring theme. Forklifts can be dangerous for many reasons, including ineffective driver training, overloading, lack of maintenance, or unsafe driving conditions. While any one of these dangers can harm you, you will need the help of an experienced personal injury attorney to make sure the claim is adequately pleaded or described and that claims are brought against the necessary parties, including your employer, the forklift manufacturer, and/or the owner of the premises where you were operating the forklift. You likely also viable claim for your loss of pay and medical bills through the Mississippi Workers’ Compensation Commission, which I have linked to below.

If you or a loved one were injured as a result of a forklift injury, 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.

Forklifts and Forklift Accidents

Forklifts are used to move materials in almost every blue-collar workplace, including grocery stores, warehouses, and construction sites. Even though a forklift’s body is usually smaller than a car, they are extremely heavy and weigh three times as much as your average car. They lift heavy objects with their two front forks, and the body of the forklift counterbalances the weight being lifted. The large load being lifted can shift, however, causing the forklift to tip, the load to spill, or the load to obscure the driver’s field of vision. A driver with an obscured field of vision can strike other stacked goods, causing them to fall, strike electrical wires, causing electrocution, or strike other workers. It should come as no surprise that forklift accidents are the most common type of heavy machinery accident in the Mississippi workplace.

Common Forklift Injury Claims

Workers’ Comp for Forklift Accidents

Your employer pays into the Mississippi Worker’s Compensation program, so that much of its employees’ costs are covered in the event of a workplace accident.  The Mississippi Workers’ Compensation program will   pay your medical bills and out-of-pocket expenses, so long as you use a doctor approved by your employer insurance company. You don’t have to prove that your employer caused the accident; if you were injured you can claim workers’ comp benefits, even if your negligence caused the injury. You are also eligible for benefits if your workplace injury was your fault, so long as you weren’t intoxicated or doing something illegal. If you file a worker’s compensation case, you are prohibited from filing a lawsuit against your employer unless the employer was grossly negligent.

Third-Party Personal Injury Lawsuits

A third-party lawsuit is a claim for damages—lost pay, pain and suffering, compensation for injuries—against a party that is not your employer.  Unlike a workers’ compensation claim, in a third-party lawsuit you must prove that the third party was negligent. Negligence means that a person or company knew or should have known about a risk and ignored the risk, resulting in your injury. Third-party lawsuits involving forklifts and other powered industrial trucks are usually based on premises or product liability.

Premises Liability

Premises liability occurs when a landowner or property manager who is not your employer contributed to the circumstances that caused your injury. A landowner or property manager must maintain his or her property is a reasonably safe condition. If the landowner negligently maintains unsafe premises that result in your injury, you may have a valid third party-liability claim against them.

Defective Product Liability

Another type of third-party lawsuit is one based on “defective product liability,” meaning that the forklift itself was negligently designed, manufactured, or that its instructions for use were written in a way that encouraged injury.

Wrongful Death Liability

If a forklift accident causes a bystander or non-employee’s death, the deceased party’s family can file a wrongful death suit against the forklift operator, his or her employer, and the forklift manufacturer.  In a wrongful death lawsuit, the legal burden is on the family to demonstrate that the operator or the employer was negligent and that that negligence resulted in their family member’s death.

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

If you or a family member were injured in a forklift accident, you might have a viable personal injury claim for the time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. Filing the correct claim, against the proper party could mean the difference between being amply compensated and receiving nothing.  The Mississippi Workers’ Compensation Board should also compensate you for your time away from work and medical expenses. 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 a scaffolding accident. Contact us now at (601) 790-1505.  Our Mississippi Workers Compensation Attorney is ready to assist you now!

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Experienced Mississippi Worker’s Compensation Attorney Discusses Notices of Compensation Payable

People here in Mississippi come into my office sometimes years after a workplace accident and wonder whether they can recover some money as a result. Sadly, the answer is often “no.”  What I tell clients is that if you get hurt at work, demand that your employer or the insurance carrier issue something called a “Notice of Compensation Payable” which is a formal acknowledgment that your injury is covered under workers’ compensation. If you do not receive that document, then you likely have no legal protection for your injury now or in the future.

If you or a loved one has been injured in the workplace, you must contact an attorney experienced in worker’s compensation immediately.  Your health, finances, and well-being are at stake. Barrett Law has the experience to help you during this difficult time.  Contact us now at (601) 790-1505.

What Should You Do If You Are Injured in the Workplace?

The most important thing I can stress is that you must report your injuries to your employer.  You have quite a while to do it—120 days. Your employer then must report your injury to the Mississippi Worker’s Compensation office, usually through their workers compensation insurance company. Your employer has 21 days to either agree to cover the injury or to deny coverage.  If they decide to pay for the injury, they will issue a Notice of Compensation Payable. If they refuse to pay for the injury, they will issue a Notice of Compensation Denial.

What Is a Notice of Compensation Payable?

If you are injured in a workplace accident, that injury will not be legally covered under workers’ compensation unless you receive a Notice of Compensation Payable. A Notice of Compensation Payable is a document where your employer legally and formally knowledges that the injury you suffered was work-related. Without it, there is no legal connection between your injury and the workplace; accordingly, there will be no duty to pay for your treatment through the Mississippi worker’s compensation program. This makes sense, as a dishonest employee could easily allege years later that a shoulder injury incurred while water skiing on the weekend was caused in the workplace. Without some documentation acknowledging the injury by the employer, its cause and the question of whether your employer ever agreed to pay for your treatment, would be a matter of dispute.

It is not uncommon for employers to do nothing when an injured employee has missed time from work, even when an employee is released by the workers’ compensation doctor to work in a modified duty capacity. Sometimes, the employer will go so far as to pay for an employee’s medical care after a workplace injury. None of this makes the company liable for compensating the employee for his or her injuries, only a Notice of Compensation Payable does that.

Employers and insurance companies are aware that employees often do not know whether their claim has been accepted.  An employer’s decision to pay for medical treatment often seems to indicate that the claim was in fact approved. This is not the case, as only a Notice of Compensation Payable will suffice.

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

If you or a loved one has been injured at work, contact an experienced worker’s compensation attorney immediately. As the above article explains, there are intricacies to the worker’s compensation process such as Notice of Compensation Payable that are not intuitive. Your employer has legal help on their side, and you will need seasoned help to collect evidence, to deal with your employer’s counsel and insurance carrier, and to attain expert medical opinions. These are tasks that a worker’s compensation attorney can handle for you while you concentrate on healing and getting back on your feet.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you or a loved one has been injured at work. Contact us now at (601) 790-1505.

 

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