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Experienced Mississippi Worker’s Compensation Attorney Explains: Secondary Injuries Stemming from Original Work Injuries

I take a lot of questions from Injured workers here in Mississippi about secondary injuries that were not caused by their employment but are the result of an employment-related injury. For example, I have helped quite a few clients who suffered foot injuries at work as a result of warehouse workers who have gone on to develop subsequent knee and back injuries that arose as a consequence of the original foot injury. The question these clients always ask is whether they can collect worker’s compensation for both injuries or just for the original one? The answer is that in the above example, the injured warehouse worker was due compensation for the second injury as well as the first, but only because he fought for those benefits with an attorney by his side.

If you were injured at work and have developed a secondary injury, you may be due compensation for your medical care, time without work, and other costs.  You will need to have experienced counsel help you attain your fair share of compensation for your both your primary and secondary injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

 Types of Secondary Injuries

Worker’s compensation will likely cover secondary injuries that are directly caused by a work-related injury. I usually see a few different types of secondary injuries and will describe each below.

The first type of secondary injury that I see are injuries caused by treatment. People often have serious allergic reactions to the medications they are prescribed for their work-related injury; the side effects of those reactions are the secondary injury that would likely be covered by worker’s compensation. Similarly, if you injure your back at work and attend prescribed physical therapy and are subsequently injured in a physical therapy session, the injuries related to that secondary injury will likely be covered by worker’s compensation. The same is true if you are on crutches due to a work-related injury, fall, and break a different bone as a result of the fall.

The second type of secondary injury is an injury that arises from the workplace injury, but that is not necessarily causally related to it. I mentioned the warehouse worker’s foot injury above. His employer and his employer’s insurance company here in Mississippi tried to argue that worker’s compensation should not cover the knee injury that developed as a result of his foot being injured. In a situation like this, an injured worker needs a skilled attorney who can present effective medical evidence that the secondary injury arose from the primary one. Plenty of people have knee issues that develop unrelated to work injuries, so it takes some skill to show that the secondary injury truly was causally related to the first injury.

Worker’s compensation will not cover a truly unrelated secondary injury.  However, if that secondary injury exacerbates, or makes worse, your work-related injury, then you can seek worker’s compensation for the worsening of your original injury.

What Should You Do If You Are Injured at Work

If you were injured at work, there are concrete, immediate steps that you should take to protect yourself and your family.  The first step is contacting an experienced worker’s compensation attorney to guide you through this legally-intensive process. If you have a secondary injury arising from your original workplace injury, you may be due compensation for those costs as well. You are likely to receive resistance for these secondary payments but deserve compensation for these injuries as well. I have helped many clients through the initial and secondary injury compensation process and can help you too.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you have a serious injury that prevents you from working or a secondary injury that has developed as a result of your initial injury. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Worker’s Compensation Attorney Explains: How to Get Approved for Social Security Disability Benefits

Injured workers here in Mississippi often come to me with questions about social security disability benefits, which are available to those whose injuries are so debilitating that they are unable to work. Social Security Disability (SSD) benefits provide a monthly payment to help with the injured worker’s living costs.

If you have been severely injured at work and are unable to return to work, you may be eligible for SSD benefits, but you will need to have experienced 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.

Necessary Steps When Applying for SSD

The first step to attaining SSD is to determine whether you are eligible. Imagine the year is broken into four quarters. You must have worked in a social security covered position for 40 quarters—a total of ten years—to be eligible for SSD benefits. The quarters do not have to be consecutive, and there are exceptions to this rule, but generally speaking, you need your “40 quarters” of work to apply for the program. Working “under the table,” for cash, or in a position where you did not pay into the social security system does not count towards your quarters.

Second, you must make your application for SSD within five years of when you stopped working within the social security system. This generally means that your application must be made within five years of your last working “quarter.”  The last day of your last quarter is called your “date last insured.”

Finally, if you have your forty quarters and are applying for benefits within five years of your date last insured, you still have to clear the most challenging obstacle to attaining SSD benefits. The final obstacle is proving that your injury prevents you from being gainfully employed. There is no black and white standard for establishing the severity of your injury; instead, it is based on the subjective analysis by a social security administration employee. It is impossible to say who will and will not be granted SSD; however, several factors are relied upon routinely.

Factors most often coming into play for SSD determinations are age, education level, and work history.  The older you are, the more likely you are to be declared unable to work. The government is very hesitant to provide benefits for someone in their 30’s, as that means the government will be making payments for decades and decades into the future. The less educated you are, the more likely you are to receive SSD benefits. An injury can permanently sideline a blue-collar worker who uses his or her hands to work but is less likely to keep a white college employee who sits at a desk from being re-employed. For similar reasons, your work history is also important. If you have fished the Gulf commercially for thirty years, you may lack the training to transition to a new field quickly. The inverse is true for a manager with a business degree who has worked in a number of fields over two decades.

What Should You Do If Your Injury Prevents You from Working?

If your injury prevents you from working, you may be eligible for SSD benefits. However, as described above, this is a multi-step process with subjective standards. You will need an experienced worker’s compensation attorney to prove that your injury truly prohibits your re-employment. Let experienced counsel take care of essential tasks that a personal injury attorney can handle for you while you concentrate on healing.

Contact the experienced Mississippi Worker’s Compensation Attorney at Barrett Law if you have a serious injury preventing you from working. Contact us now at (601) 790-1505.

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Experienced Mississippi Worker’s Compensation Attorney Provides Tips for Dealing with Insurance Claims Investigators

My clients here in Mississippi are often shocked when they are contacted by their employer’s insurance company’s claim investigator. I always tell them that insurance companies cannot simply hand out money to anyone who claims to be injured. They have a job to do—to make sure that the injured party was truly injured on the job. With the help and guidance of an experienced personal injury attorney, your interaction with a worker’s compensation claim investigator should not be a source of angst. On the other hand, if you try to go it alone, inadvertent pitfalls could spell disaster for your claim.

If you or your family member has been injured at work, 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.

Because I get so many calls about interactions with worker’s compensation insurance investigators, I wrote the following post answering the most common questions I receive. I have also provided a link to the Mississippi Worker’s Compensation Commission’s “Worker’s Compensation Facts” information sheet; it has useful information on this topic as well.

Is it legal for my employer to have an investigator ask me questions about my claim?

Yes. Your employer’s insurance company has a duty to investigate claims.  They either have to accept or deny a claim within a few months. To meet that deadline, they have to make a decision based on evidence they gather, some of which only you have.

If the insurance company has accepted your claim, they may still want to take your statement to complete the file. Additionally, companies—good companies in particular—are interested in the root cause of injuries so that similar incidents can be prevented in the future.

Who is the claims investigator?

It depends. A claims investigator may be an internal risk management employee for your company that specializes in claims management. He or she may also be an employee of your company’s insurance company or a private, third-party investigator.

Do I have to speak to the claims investigator?

No. If a claims investigator is hired, the company may have already decided to deny your claim and there is no point in speaking with the investigator. That said, other times presenting your truthful side of the story to an investigator can be helpful.

Remember, a claims investigator has conducted hundreds of interviews–this is likely your first. The best course of conduct is to work with an experienced worker’s compensation attorney to prepare for the questions you will most likely be asked. Contact an experienced worker’s compensation attorney immediately for advice when a claims investigator contacts you as you will not have a lot of time to decide whether or not to engage in the interview.

How long do I have to file my claim?

In Mississippi, employees are urged to file claims within 30 days. But I would suggest that is far too long. If you wait 30 days, you invite your company’s insurance company to question the validity of your injury. Legally, you have two years to file a claim before the “statute of limitations” bars it.

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

If you or a loved one was injured at work, you might have a viable claim for compensation for your injuries, medical bills and loss of employment through worker’s compensation. Let experienced counsel help you prepare for an interview, keep track of evidence, and deal with your employer’s insurance company. These are essential tasks that a worker’s compensation attorney can handle for you while you concentrate on healing.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you have suffered an injury at work. Contact us now at (601) 790-1505.

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Experienced Mississippi Worker’s Compensation Attorney Explains: Why Employers Need to Provide Fall Harnesses to Employees

A common workplace injury here in Mississippi is falls. Injuries related to falls at construction sites, from roofs, and other elevated workplaces are very common, and they tend to involve more significant injuries because of the heights involved. These types of construct injuries are almost entirely preventable if an employer supplies an adequate fall harness and employees are trained how to use the harness appropriately. I stress the second point regarding training because a fall harness can actually cause injuries if it is not worn and used appropriately. Unfortunately, some employers do not take this simple step, which can result in serious injury and death. If you have been injured in a workplace accident, one thing is critical to know—you will need to have experienced 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 in a workplace fall or harness related injury.  Contact us now at (601) 790-1505.

A Fall Brings Many Risks

Imagine you are working as a roofer and are wearing an appropriate fall harness.  If you lose your footing and fall, you will likely tumble off the roof and then will be suspended by the harness and line it is attached to once the fall harness catches you. While this may seem like a good outcome, different types of injuries can result from even the short fall you took, and the harness itself can begin to cause injuries while you are suspended. So while you did not hit the ground, you may be injured from trauma caused by the side of the building, strangulation, or by the pressure caused by an ill-fitting harness. If you are working alone, hanging in the harness awaiting rescue can also result in a number of medical problems.

Factors in Fall Harness Injuries

Harness Fit—A properly fitted harness has to do several things. It must initially catch your fall and support you while you are suspended, but should not cut off blood flow.  Serious injuries and death can result from a harness that cuts off blood flow while a person is suspended or that suspend the person in a manner that causes further injury, such as strangulation. This also highlights why being suspended for too long comes with its own dangers.

Time Suspended—The longer you are suspended, the greater the chance that you will suffer immediate and long-term injury. Heart attack, stroke, heat exhaustion, and hypothermia are all immediate threats, while concussions, crushed veins and arteries, and many others may not manifest until much later.

Immobility—If your fall renders you unconscious, you will be unable to protect yourself from trauma caused by either spinning and hitting a hard object or from air or blood flow being cut off.

Health—If you are in poor health due to weight, smoking, or other preexisting conditions, your fall injuries may be exacerbated. The stress and trauma of a fall can trigger a heart attack; because you are suspended, providing you with appropriate care is difficult.

Age—Your body’s ability to “bounce back” from a fall and related trauma decreases as you age. Your harness is more likely to cause damage to your body—particularly veins and arteries—as you age.

Dehydration, Air Temperature, and Energy Level—You are less likely to be able to protect yourself in a fall situation in extreme cold and heat, as your body is using more energy to do a normal amount of work. These challenges are compounded when you are dehydrated or exhausted. Inadequate work breaks and availability of water can have serious consequences for workers at risk for falls.

What Should You Do If You Suffered an Injury at Work?

If you suffer a fall injury at work, document it. Many employers have policies requiring the documentation of a workplace injury.  You should also seek medical attention, as a doctor can provide clear documentation that an injury occurred and its potential causes.  Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your employer’s insurance company. These are important tasks that a worker’s comp attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a fall harness injury.

Barrett Law has the experience to take on your employer, defense attorneys and insurance companies that are focused on denying your compensation for the injury you experienced.  Contact us now at (601) 790-1505.

 

 

 

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Experienced Mississippi Worker’s Compensation Attorney Explains the Reasons Employers Challenge Worker’s Compensation Claims

Clients often come to me with questions about injuries they received on the job, and they are often looking for basic compensation under Mississippi’s worker’s comp laws. It seems straightforward—you were injured on the job, so worker’s compensations should compensate you for your lost time, work absences, and other costs. Right? Not always, and not when your employer denies that your injury is related to your employment. Unfortunately, people often misunderstand the worker’s compensation process because they rely on word of mouth and friends rather than the experience of skilled worker’s compensation attorney. There are a wide variety of factors that influence what sort of payment you can expect to receive. One thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation from a neck injury. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

Because I so often receive questions about why an employer would deny a worker’s compensation claim, I have described the most common reasons below:

Premium Costs

Your employer pays for worker’s compensation the same way that you pay for your insurance, by paying a premium that covers the expected costs of claims over the years.  That cost is driven by a number of factors, but the most common factor is the cost and number of prior years’ worker’s compensation claims. Because of this system, it is in your employer’s financial interest to deny your claim in an interest of keeping his or her premiums low. So if your employer has seen a large number of claims—either from you individually or from the company’s employees as a whole—or if your claim is for a particularly expensive injury, there is a significant financial interest in denying it.

Employer Disbelief in Various Types of Injuries

Many employers simply do not believe that their employees’ injuries are real. There are a number of reasons for this phenomenon, but the most common one that I see is that most injuries are cumulative and not acute. What that means is that the injury builds up slowly over time and is not caused by a sudden incident such as a fall or accident. Obviously, if a stack of pallets falls over and crushes an employee’s leg, there is little question that the injury is real and work related. However, an employee that acquires carpal tunnel syndrome due to years of typing at a desk with poor ergonomics also has a real, work related injury. The only difference is that the latter injury accrues over time and is less obvious; as a result, it is more likely to be denied. This sort of refusal to accept employees’ injuries is common, especially with back, neck, and soft tissue injuries. Many of these injuries do not seem serious at first and, as a result, are not documented. That lack of documentation can result in a denial of the claim later.

Employer Suspicion of Employees

For a worker’s comp claim to be legitimate, it must either occur at the workplace or in the scope of the employee’s duties outside the workplace. I often see employers deny claims because they believe, or want to believe, that the employee’s injury occurred outside of work, but is simply being claimed at work to attain worker’s comp coverage. Again, if the employee suffers a crushing accident in the workplace due to a well-documented accident, this is unlikely to be challenged. But employers routinely deny the sort of repetitive motion injuries to backs and joints that are routinely caused by the work environment over time. This is especially true if the employee did not seek medical attention for an injury or did not miss work because of it. This is a Catch-22 for employees, who do not want to miss work out of fear of losing income due to an injury, but who then do not get compensated for a worker’s comp incident because they did not take time off.

What Should You Do If You Suffered an Injury at Work?

If you suffer an injury at work, document it. Many employers have policies requiring the documentation of a workplace injury.  You should also seek medical attention, as a doctor can provide clear documentation that an injury occurred and its potential causes.  Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your employer’s insurance company. These are important tasks that a worker’s comp attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a neck injury.

The seasoned Mississippi Worker’s Compensation Attorney at Barrett Law has the experience to take on your employer, defense attorneys and insurance companies that are focused on denying your compensation for the injury you experienced.  Contact us now at (601) 790-1505.

 

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Experienced Mississippi Worker’s Compensation Attorney Answers Questions about Hand Injuries at Work

Mississippi is a state with a tremendous number of hard-working citizens who engage in a wide variety of occupations. Office work, farming, factory work, manufacturing, fishing, and numerous other jobs all have the same thing in common—they require extensive use of the employee’s hands. It is no wonder then the so many injured Mississippi workers come to me wondering how to be compensated when they suffer a hand injury while at work. One thing is critical to know, having experienced counsel help you attain your fair share of compensation is critical if you are harmed in the workplace. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

What Should You Do if You Experience a Hand Injury at Work?

A hand injury is unique in that even a small injury can be career-ending.  While a broken bone in the foot may require an adjustment to the employee’s working conditions, any broken bone in the hand may take the employee out of commission. Hand injuries commonly require time off from work and medical attention. Receiving compensation for that loss of work in Mississippi requires the help of an experienced compensation attorney.

What Are the Most Common Causes of Work-Related Hand Injuries?

Interestingly, almost any type of work can result in a hand injury. As I sit here typing, my wrists are getting sore. A fishing boat worker may have their hands crushed or cut by machinery. A factory worker may be injured due to repetitive movements.  Whether it is poor ergonomics, a cut, or a crushing blow from machinery, hand injuries take many forms.  Below is a list of what I most commonly see:

  1. A puncture or cut requiring stitches, which takes an employee out of work while the injury heals;\
  2. Nerve or tendon damage that may require extensive and expensive occupational or physical therapy to treat;
  3. Chemical spills causing permanent nerve damage or burns that require extensive medical treatment;
  4. Repetitive motion injuries that cause conditions such as carpal tunnel syndrome that may permanently prevent a worker from returning to the workplace; and
  5. Broken bones that routinely take months to heal and that may have long-term, lingering effects.

What Can You Do to Avoid Hand Injuries?

It is the employer’s duty to create a safe working environment that will not result in injuries to employees. In Mississippi, that means that you have a right to work in a safe workplace.  That said, there are steps that you can take to help prevent these injuries, such as wearing the protective gear provided to you, especially gloves.  If no protective gear is provided, you should demand it in writing such as an email. Do not wear rings in a workplace where heavy machinery or other crushing injuries may occur. If you are an office worker who types all day, make sure that your employer is paying attention to ergonomics and that you have a desk and keyboard that allows you to perform your job without causing nerve damage to your hands or wrists.

What Should You Do If You Suffered a Hand Injury in the Workplace?

If you were injured or harmed as a result of your work, you may be due compensation for your loss of employment, injuries, and pain and suffering. Hiring a general practitioner to handle a claim related to worker’s compensation is a serious mistake, as only an attorney with extensive experience in getting injured workers compensated for their injuries will get you what you deserve.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you were injured or harmed at work.

Barrett Law has the experience to take on defense attorneys and insurance companies 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 Worker’s Compensation Attorney Explains the Dangers Posed by Worksite Cranes

Cranes are a valuable workplace tool, but they have also proven themselves to be capable of tremendous injury and death. If your worksite involves a crane, there are a number of safety steps that your employer must take to protect employees. These safety considerations apply to both the crane operator and the crew working near the crane as it operates.Both the operator and crew must be adequately trained and clear worksite communication must be maintained so that the crane’s movements can be avoided by those working in its vicinity.

Risks Posed by Cranes in the Workplace:

Travel Accidents: Many cranes are now mobile, meaning they move from site to site under their own power and are not assembled on site. These mobile cranes are massive vehicles and can have many moving parts and poor sight lines. As a result, crushing and pinching injuries can occur as work crews move around the cranes and their articulated parts.

Falling Crane Loads: Cranes are useful because they are able to lift heavy loads vertically. But with insufficient training, insufficient slings or wires to secure the load or cranes used in high winds, the load can break free, falling and endangering workers in the vicinity.

Crane Boom Collisions: Poorly trained crane operators, operating in high winds, or operating in tight conditions can result in collisions between the crane’s boom and nearby buildings. Collisions can also occur if the crane operator lacks adequate visibility or does not have a signal person to direct the crane’s movements. In any of these situations, falling debris from the struck building can pose a potentially fatal risk to those working in the vicinity, as can a collapsed boom itself.

Overhead Powerlines and Electrocution: Power lines pose a tremendous danger to crane operators and workers on the ground. Those supervising crane should ensure that any live wires are de-energized prior to crane work occurring. When working near live power lines is unavoidable, extra precautions may be required. Employers should provide proximity alarms or a spotter to alert the operator to nearby overhead lines.

Tip-overs: An unstable crane is a dangerous crane. If the crew in charge of setting up the crane lacks the training or experience to set it up in a safe manner, a deadly tip-over may occur. Employers sometimes try to cut corners by not hiring experienced riggers who know how to position the crane’s pad and outriggers so that it can stand under the torsion and stress caused by lifting heavy loads at difficult angles. Similarly, inexperienced riggers may not realize that even if a crane appears to be set up correctly, soil stability and compactness can have a significant effect on the crane’s ability to bear weight. Unfortunately, these are technical, specialized skills that not all crews have. Failing to understand these intricacies can lead to dangerous tip-overs that endangers both the crane operator and workers on site.

What Should You Do If You Are Injured in a Crane Accident?

If you are injured on the job by a crane in Mississippi, you need to contact an experienced worker’s compensation attorney immediately. Having counsel by your side to guide you through the worker’s compensation process can mean the difference between a lifetime struggle and receiving the compensation you need to get back on your feet and make your family whole.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you are injured in a crane accident.

Barrett Law has the experience to take on employers, insurance companies, and defense counsel that are focussed on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

 

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Experienced Mississippi Worker’s Compensation Attorney Explains the Claim Process

Have you experienced a workplace accident? Injured employees contact me frequently with a variety of questions regarding worker’s compensation claims.  Below is a list of answers to commonly asked questions. Because being injured takes your entire focus, it is better to understand the worker’s compensation process prior to any injury occurring. Once injured, retain an experienced worker’s compensation attorney immediately to protect your rights, employment, and livelihood.

Do I Have to Report All Accidents?

You should.  If you do not report an accident, your employer can deny the claim later or challenge whether it occurred in the workplace. Delay in reporting can also lead to difficulties in gathering evidence. Of course, the problem is that not all accidents immediately seem serious enough to report, and only become serious as a medical condition later develops. Kansas has struck a balance and requires employees to report any accident within 30 days. While you have 30 days, report all accidents immediately.

How Do I File a Worker’s Compensation Claim?

Employers must provide you with a worker’s compensation claim form. You simply fill out the appropriate section and return it to your employer. Your employer will complete the form and submit it to its insurer. If the claim is timely filed and there is no dispute about it, the claim will simply be paid out.

However, if your employer disputes your claim, you will have to request a hearing from the local worker’s compensation office. If you are forced into taking this route, it is vital that you contact an experienced worker’s compensation attorney to help you receive payment for your claim.

What Sort of Documentation Should I Keep?

Like all legal claims, a worker’s compensation case is document intensive. As the old saying goes, “if it isn’t documented, it didn’t happen.” Make sure you retain a copy of the claim you filed and any report or investigation into the accident. Keep careful records of all of your doctor’s appointments, test results, and communications with any third party—especially your employer and any insurance company—regarding your injury. Make sure communications with your employer or insurer are done in writing, with email being an acceptable option.

Can My Employer Make Me See Their Doctor?

Your company can mandate that you see their doctor for an evaluation, which is called an Employer Medical Evaluation (EME).  This is a one-time evaluation. You have a right to be treated by a doctor of your choosing, so long as you exercise that right within six months of being injured.

The EME is an opportunity for your employer and insurer to document an injury to one its covered employees. While you may not want to undergo an EME, the important thing to understand is that it may be a mandatory part of the worker’s compensation process and that you should honestly characterize your condition and symptom to the physician examining you. Exaggerating claims about your condition will not help your case and will likely come back to haunt you.

What Should You Do if You Have Been Injured in the Workplace?

If you have been injured in the workplace, you are likely trying to heal and get back on your feet, literally.  You should contact an experienced worker’s compensation attorney immediately so that he can relieve you of the stress of dealing with the legal aspects of the claim. While this is a legally complex process, it is one that can quickly compensate you for your injuries if handled correctly.

Call Barrett Law now, an experienced Mississippi worker’s compensation firm, to represent you if you are injured at work.

Barrett Law has the experience to protect your health, your livelihood, and your income.  Contact us now at (601) 790-1505, to get experienced worker’s compensation counsel on your side.

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Experienced Mississippi Worker’s Compensation Attorney Discusses Recordkeeping for a Successful Worker’s Compensations Case

Clients often ask what they can do to better position themselves after a work-related injury.  The first thing to remember is the importance of documentation. If a medical diagnosis or bill is not accessible and organized so that it can be easily found, it is of little use. While hiring an experienced worker’s compensation attorney is a necessary first step to being compensated for your injury, you can best serve yourself by keeping thorough, organized records of your medical treatment.

Even in our digital age, most medical records are still provided on paper.  So a first step is to purchase folders to organize all of your paperwork. Keep individual folders in a large expandable file. Maintain a print record of every document, even if the original was faxed or emailed to you.  Keeping a second, digital copy of scanned documents is also an excellent idea.

Your medical files must contain a record of all appointments you have with doctors, chiropractors, physical therapists, occupational therapists, and other healthcare providers. Additionally, keep full copies of all diagnostic records such as X-rays, MRI’s, CAT scans, and other medical assessments. These diagnostic records are vital to documenting your care and progress. As you visit medical professionals providing you treatment, they will provide you updated notes regarding your continuing medical history. Keep those notes in chronological order.

Employer records can also be critical. Any initial report of your injury along with subsequent follow-up reports should be preserved in your files. This is not limited to written reports, but also emails and handwritten notes too. You will also want to keep a record of pay stubs showing days of work lost and sick leave used.  All of these records can be used to paint a picture of how your injury is affecting your ability to earn an income.

Your physician has likely referred you to specialists.  Keep a separate folder for each specialist, with all of their documents organized chronologically.  If you require surgery, for example, it is advisable to keep a folder for that surgery, along with records associated with any pre-surgical testing, operation or surgical report, and follow up notes or reports.

After so much discussion of organization, you may be wondering why this level of record-keeping is necessary. In a worker’s compensation case, neither the opposing party nor a judicial body will just take your word for it that you have been injured in the course of your employment.  Even if your injury is obvious, they will claim that it stems from a preexisting condition or is not a result of your work. An experienced worker’s compensation attorney will be able to use the “paper trail” or chronological record of your injury, treatment, and rehabilitation to prove that you were injured and that the injury is a result of your employment. Just as important, your attorney will be able to use this documentation to demonstrate the amount of compensation you are due to make you whole.

If you do not have all of your records, it is difficult for your attorney to prove your case. If your records are not organized, a lot of time will be lost and extra money spent recreating the record of your injury and treatment. That wastes time and reduces the amount of compensation you will eventually collect. Remember, your compensation will be based on the degree to which your attorney can prove your injury, treatment, and costs related to your workplace injury. Well organized records are critical to making that case.

Call Barrett Law at (601) 790-1505 now to talk to an experienced Mississippi worker’s compensation attorney.

Contacting Barrett Law and getting experienced worker’s compensation representation can mean the difference between comfortably recovering from your injury and financial ruin. Protect your health, protect your family, and receive the legal advice you need now.  Our Mississippi Worker’s Compensation Attorney is standing by to help you.

 

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Workers Compensation and Personal Injury Lawsuits

Personal injury lawsuits result from a variety of circumstances in which an individual is injured as the result of another person’s actions. Car accidents, medical malpractice and slip and falls are some common types of personal injury claims. If another driver causes your injuries, you can hold them liable, if a shop leaves their floors slippery after a spill and you fall suffering injuries, the store can be held liable, and if your doctor gives you the wrong prescription, causing you injury, they can be held liable.

However, when the party that would be liable for your injury is your employer, you might find yourself unable to pursue compensation in a personal injury claim. This is because of workers’ compensation.

What is workers’ compensation?

Workers’ compensation insurance must be held by most employers. If an employee is injured at work, or while completing a work-related task, then that person will be compensated for his or her injuries through workers compensation. The employee cannot file a lawsuit against his or her employer, even if the employer was negligent. This protects the employer from being sued. However, employees can benefit from workers’ compensation too because they can usually recover benefits even if they caused their injury through their own negligence. So if your employer left a floor wet and slippery with no notice to you, and you fell and were injured, you would not be able to file a lawsuit against them for negligence. On the other hand, if you washed the floor at work, and slipped where you just washed and suffered an injury, you would still be able to collect workers’ compensation, even though you were the person who caused your injury.

What does workers’ compensation cover?

Workers’ compensation covers the medical expenses of a work-related injury. It also covers a portion of an employee’s lost wages. Unlike personal injury lawsuits though, an employee who suffered a work-related injury cannot collect damages for pain and suffering or emotional distress. The amount of compensation an employee receives from workers’ compensation is often less than they would recover in a successful legal claim against someone for negligence.

Are there times when workers’ compensation will not apply?

Not every employee is covered by workers compensation. Some very small businesses and certain industries are not covered. Additionally, if your employer intentionally injured you, then you will likely have the ability to file a suit rather than rely on workers’ compensation.

It is also possible for you to forfeit your right to workers’ compensation through your own actions. For instance, if you were to be injured as the result of a fist fight you started with a co-worker or were hurt while committing a crime at work, you would lose your ability to collect workers’ compensation benefits.

If you suffered a work-related injury, there is a good chance that you will be able to recover through a workers’ compensation program. Unfortunately, even some legitimate workers’ compensation claims end up being denied for a multitude of reasons. If you are attempting to collect workers’ compensation, contact a seasoned Mississippi Workers’ Compensation Attorney at Barrett Law PLLC at (601) 790-1505 to discuss your claim.

 

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