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Workers’ Compensation in Mississippi: What No Fault Means

Workers’ compensation is intended to provide support to individuals who suffer work related injuries. The system pays for expenses such as medical bills, costs for rehabilitation, and a percentage of lost wages. While workers’ compensation programs do not pay out as much as a civil lawsuit typically would in damages, employees benefit from the fact that these programs are “no fault.”

In short, this means that an employee does not have to show that their employer negligently caused their injuries in order to collect compensation. In fact, the employee can actually cause the injury through carelessness, and still be covered by workers’ compensation. In Mississippi, most employees are covered by workers’ compensation insurance. If a business has at least five employees, it is required to carry workers’ compensation insurance. While independent contractors, volunteers and some industry specific employees are not covered, the vast majority of workers are included.

What is the meaning of no fault?

The extent of “no fault” was challenged in Mississippi recently by a case involving a police officer who drove his car at speeds up to 90 mph, and was not wearing a seatbelt at the time of an accident. The officer, Kearney Brown, suffered injuries to his neck, head, body, and ankle when he was thrown from his vehicle in 2012. The city of Jackson sought to deny paying out workers’ compensation benefits to Brown by claiming that the officer’s conduct was so reckless that he must have intended to injure himself, and that allowing him to collect benefits would be against public policy since Brown had put others at risk through his actions.

On appeal, the court ruled in favor of Brown, requiring the city to make their workers’ compensation payments to him. The court was not convinced that the driving indicated a desire for self-harm.

The case highlights the benefits that workers get from workers’ compensation programs, In the event that this officer had suffered his injuries outside of work, he would not likely have been able to collect damages in a civil lawsuit. The accident seems to have been a direct result of Brown’s own negligent driving.

When no fault will not apply

Of course, there are limits on workers’ compensation based on the employee’s behavior. Mississippi enacted amendments to its workers’ compensation program in 2012. Employees can now be denied workers’ compensation benefits in cases where the injury was the result of the employee’s use of illegal drugs or alcohol. Employers can request that an injured employee take a drug or alcohol test to determine if he or she was under the influence at the time of the accident that caused the injury. In the event that the employee was found to be intoxicated, it becomes the employee’s burden to prove that the injury was not the result of their use of drugs or alcohol. If an employee refuses to undergo a drug or alcohol test, it will be assumed that they were under the influence, and face the same burden of proof as if they had tested positive.

If you suffered a workplace injury, contact the seasoned Mississippi Workers Compensation Attorney at Barrett Law, PLLC to discuss your claim.

 

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Mississippi Worker’s Compensation Attorney Talks about Workplace Injuries for Older Employees

More and more adults are working past the traditional retirement age of sixty-five. Some of these older workers simply enjoy their jobs and don’t see any reason to stop doing what they love. Others may want to retire, but they feel locked into the work force because they need the income and benefits that come from their work to survive. Workers over the age of sixty-five make up one-fifth of the American work force. The number of employees in this age group is expected to increase even more, due to rising costs of living and increasing concerns over the future of social security.

As people age, they face increased risks of illness and injury whether they are at work or not. Consequently, older workers experience a greater risk of workplace injury than younger workers do. Workplace injuries among older workers are the topic of continuous research because employers and regulators want to learn how to make it safe for workers to be employed for as long as they would like to work. Older workers contribute a lot of knowledge and experience to any workplace; they often have a very strong work ethic, and they often inspire positive feelings in the workplace environments in which they are employed.

Research has revealed that the most common health concerns for older workers are arthritis and hypertension, neither of which may be explicitly caused by their work. Each of those conditions can occur in individuals whether they work or not. Over three-quarters of workers who are age sixty-five and over have at least one chronic health condition that must be managed. While these numbers are not tied to work-related health conditions, they do have the potential to affect worker performance and safety in the workplace.

The level of skill and experience that older workers tend to have, as well as their long-term familiarity with safety rules and their tendency to be cautious workers all result in a lower injury rate for older workers than for younger workers. When these older workers do get hurt, though, they tend to suffer greater harm than their younger counterparts. Their injuries often take longer to heal, and they are more likely to die as the result of their injuries. This means that employers need to think proactively to keep older workers safe on the job. Work environment design and flexible scheduling are just a couple of the ways that employers adapt the work and the workplace to fit older workers’ needs. Some older workers may also be able to work from home, depending on what they do for work.

Barrett Law PLLC:  Helping Injured Mississippi Workers

The knowledgeable Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC take pride in meeting the needs of injured workers and their families. If you have questions about Mississippi worker’s compensation claims, please call the experienced Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC right away, at 1 (601) 790-1505 to schedule a free initial consultation.

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Mississippi Worker’s Compensation Attorney Says That Many Workplace Injuries Go Unreported

Although there is a seven thousand dollar per injury penalty for failure to report workplace injuries promptly, a recent report by the United State Occupational Safety and Health Administration (OSHA) estimates that only about half of the severe injuries that occur in American workplaces are reported within the required period. This figure, on its own, may seem concerning. However, OSHA has looked into the matter and found that the truth is not as alarming as it might seem just from looking at the numbers.

Why aren’t businesses reporting injuries to OSHA as required by law? It is possible that some businesses do not realize that the reporting rules changed recently. Recent changes to the reporting requirements went into effect in January of 2015, but not all of the reporting requirements changed. For example, the 2015 changes do not affect previous requirements to report any work-related fatality within eight hours. The changes do add a requirement that any work-related in-patient hospitalizations, amputations or eye loss be reported to OSHA within 24 hours. Also, some small businesses were exempt from reporting requirements before the 2015 changes and may not know that there are now reporting rules that apply to them. Companies with fewer than ten people do not have to keep OSHA records, but under the new rules, they do have to report fatalities, hospitalizations, amputations, and eye loss. The general sentiment from OSHA is that most of the failures to report injuries are not intentional. That said, companies do have a responsibility to know what the rules are, know which rules apply to them, and follow the applicable rules. OSHA makes information about reporting rules available through many different means, and it is surprising that more businesses are not aware of them.

Representatives from OSHA have stated that the additional information that is coming to them as the result of the newly added requirements helps them respond to media inquiries regarding workplace injuries as well as helping them follow up with companies to ensure that dangerous conditions are corrected promptly. OSHA believes that the more inclusive reporting requirements for workplace accidents will significantly enhance the agency’s ability to direct its resources where they could save the most lives or prevent the most injuries or illnesses. The new reporting rules are also aimed at giving employees, employers, the public, and researchers greater access to information about workplace health and safety.

Barrett Law PLLC:  Helping Injured Workers and Their Families Heal

The Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC dedicate themselves to meeting the needs of injured workers and their families. If you or someone in your family got hurt at work, get help from a knowledgeable attorney right away. Your worker’s compensation attorney can help you understand what is happening at every stage of the worker’s compensation case process so that you are not left wondering what is going on with your case.  Do you have questions about worker’s compensation claims in Mississippi? Please call the experienced Mississippi Workers’ Compensation Attorney at Barrett Law PLLC today at 1 (601) 790-1505 to schedule a free consultation.

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Complex Issue of When an Employee Is Engaged in a Task within the Course and Scope of Employment

When you are pursuing a vicarious liability claim against an employer based on the negligence of an employee, the applicability of this form of liability often turns on whether the task was within the “course and scope of employment.”  (This issue is also important in determining whether a workplace injury to an employee will be covered by the worker’s compensation system).  In some cases, this issue is straightforward, such as when an employee of a pizza parlor causes an accident while making a delivery.  However, this issue can become extremely complicated as a recent decision by the United States District Court, S.D., Northern District in Godwin v. United States illustrates.

In Godwin, a motorist was struck by a mail carrier for the U.S. Postal Service.  The carrier, who was based out of Stonewall Mississippi, was technically designated as a Rural Carrier Associate of the United States Postal Service.  The carrier returned to the postal annex at 2:35 p.m. after completing her route on the day of the accident.  She realized she had forgot to deliver a piece of mail, so she clocked out and headed in the opposite direction from home to drop off the undelivered mail item.  The collision occurred on her way to make the delivery at 2:55 p.m.  There was conflicting evidence introduced regarding whether her after hours delivery was authorized by her supervisor.  While she contended she had been granted permission, another employee indicated after hours deliveries were not typically authorized.  Further, the other employee testified that the type of parcel would not have justified delivery outside a carrier’s work hours.  The U.S. Postal Service moved for summary judgment indicating there was no genuine issue of material fact to justify the case moving forward.  The trial judge denied the motion, and the postal service appealed.

The appellate court considered whether the postal carrier was “on duty” when the collision occurred.  The court noted that this issue arose in the context of disputed federal jurisdiction under the Federal Tort Claims Act, which waives the sovereign immunity of the federal government as follows:

“For injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” (Emphasis added).  Because the accident occurred in Mississippi, the appellate court acknowledged that the issue of whether the accident occurred within the “course and scope of employment” must be interpreted under Mississippi state law.

The court clarified that the act must occur in the course of employment and to achieve the purposes of the employer or objectives incidental to the authorized conduct.  The court also noted that the mere fact the conduct of an employee has not been authorized is not dispositive of the issue of whether the act was within the course and scope or employment.  The court noted that Mississippi Supreme Court has favorably cited the Restatement (Second) of Agency in this context as setting for the following test:

“(1) Conduct of a servant is within the scope of employment if, but only if:

(a)    it is the kind he is employed to perform;

(b)   it occurs substantially within the authorized time and space limits; and

(c)    it is actuated, at least in part by a purpose to serve the master ….”

In applying this test to the relevant facts, the court indicated that all three prongs of the test were satisfied.  First, the mail carrier was delivering an item of mail which constitutes actions in furtherance of the employer’s (U.S. Postal Service’s) purpose.  Second, she was traveling to a residence on her assigned delivery route which falls within the required space restriction.  The U.S. Postal Service argued that the time element was not satisfied because the carrier had clocked out. The government further contended that the “going and coming rule” applied, which states that acts of any employee traveling to and from work are not incident to employment.  However, the carrier was headed in the opposite direction from home to make a mail delivery.  The court concluded this course of action fell within the well-established exception to the “going and coming” rule relating to employees engaged in a special task or mission for an employer.  As to the third prong of the test, the delivery of mail clearly benefited the employer.  While there was conflicting evidence on whether the delivery was authorized by a supervisor of the postal service, the court found this was a legitimate issue for the jury to consider.

The issue of determining whether the “course and scope of employment” requirement for vicarious liability or worker’s compensation benefits has been satisfied is just one complex issue that makes litigating a personal injury lawsuit or worker’s compensation claim complicated.  An experienced Mississippi Worker’s Compensation Attorney or personal injury attorney at Barrett law can help you navigate these difficult issues.  Our Mississippi worker’s compensation lawyers have successfully represented many injured employees and victims of careless employees during our decades of representing clients.  At Barrett Law, we are here to help.  Contact our firm today at (601) 790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

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Mississippi Worker’s Compensation Attorneys Talk About Farming Accidents

Many farmers enjoy what they do, even though they know that farming is very dangerous work. There are many risks in the farm work environment, and accidents that cause severe injury or death are not uncommon. From accidents involving large, heavy animals to accidents involving machinery, danger is everywhere on the farm. Drainage ditches, water storage ponds, and manure lagoons create drowning risks. Fall hazards are everywhere, and some of them, including silos and grain bins, even create a risk of entrapment and suffocation in addition to the injuries that a worker could sustain in a fall.

Some farm-related injuries, like tractor roll-overs, are preventable. Unfortunately, not all farms use equipment that has the latest safety features, like devices which can prevent injuries and death from tractor roll-over accidents. Farm equipment causes many injuries, and older pieces of machinery may not have proper safety guards. Some farm workers operate dangerous machinery without proper training. Also, regular maintenance and safety checks that could prevent equipment failure and equipment-related injuries are sometimes overlooked when there is a lot of work to do.

Farm workers are also at risk for chronic injuries. Exposure to noxious gases and dust can cause lung diseases. Pesticides and other chemicals found in farm environments can cause cancer and other health problems. Heavy lifting and repetitive motion can cause chronic pain and musculoskeletal disorders.

The physical conditions of farm work environments are not the only dangers that are present there. There are other challenges which may make it difficult for farmers to work safely. For example, time constraints imposed by nature create pressure for farm workers to complete tasks like planting and harvesting within limited windows of opportunity. Sometimes, weather conditions reduce the available time even more, giving farmers even fewer days to complete time-sensitive tasks. These time-related job pressures can lead to long work hours and fatigue, which can increase the risk of accidents and injuries.

Some farm workers are more likely to be involved in workplace accidents than others. Interestingly enough, these workers, who are often under fifteen years of age or over sixty five, are not often found in other types of work environments. The laws that regulate farming permit these individuals to work on farms, even though they might not qualify for other non-farm work opportunities.

Barrett Law PLLC:  Assisting Mississippi Farm Workers With Workers’ Compensation Claims

The experienced Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC provide top-quality legal assistance to injured farm employees across the state.  At Barrett Law PLLC, we understand how hard it is for many farm workers face to obtain full coverage for their work related injuries.  We are committed to helping you get the results you need from the complex workers’ compensation process by pursuing satisfactory resolution of your workers’ compensation claim while you work on making a full physical recovery.  Call the dedicated workers’ compensation attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free, initial 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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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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