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Mississippi Workers’ Compensation Attorneys Discuss: Injuries Resulting from Jobsite Slips, Trips, and Falls

The majority of workplace acts are caused by slip, trip, and falls.  These accidents account for some 15 percent of all accidental deaths and come in second to only automobile accidents as a cause of accidental deaths.  Even trip and falls on the jobsite that seem to be minor can have serious consequences, leading to head injury, back or neck injury, sprained muscles, and broken bones.  Unfortunately, all of these injuries keep the employee from being able to perform his or her work tasks, costing the employee money and placing their job potentially at risk.

Mississippi employees who are injured in slip, trip, and fall accidents while at work may have a valid workers’ compensation claim.  Under the state workers’ compensation system, employees injured in the course and scope of employment will receive benefits for their medical expenses, time off work, and more.  Employees must report their injury in a timely manner and must suffer an injury that requires they miss time from work or receive medical treatment.

Slip and fall victims can receive workers’ compensation benefits to cover their medical bills, prescription drug costs, mileage reimbursements, weekly wage replacement, and payment for vocational rehabilitation.  Employees that sustain partial or permanent disability as a result of the slip and fall, such that they cannot return to work, will be eligible for more benefits.

Types of Slip, Trip, and Falls

Workplace falls can generally be divided into two subgroups: same level falls and elevated falls.

Same Level Falls

More than half of all workplace falls are caused by falls from same level walking surfaces.  Common causes of these falls include:

  • Slippery surfaces:  Spills of liquid or other slippery substances occur across American workplaces.  Slippery surface falls can lead to fractures, traumatic brain injury, sprains, and more.  Employers have a duty to keep the workplace free of such dangers, but accidents still result and workers’ compensation can provide financial compensation for these injured workers.
  • Ice or rain:  Employers are often injured while walking to or from their cars to work.  Employers are required to keep the parking lots and walkways clear so that employees can safely reach the workplace.  Injured workers can seek workers’ compensation for injuries sustained on the jobsite, at times even if the employee has not yet clocked in.
  • Trips:  Workplace trips can result from misplaced items or walking on uneven surfaces.  Employers should take care to fix such surfaces and keep the workplace clear of clutter, but when accidents do result injured workers should receive workers’ compensation.

Elevated Falls

Elevated falls are falls that occur from any sort of height.  These falls happen most often in the construction industry, but can also occur in forestry, mining, agriculture, and other like fields.  Elevated falls hold the potential for severe and even life threatening injuries.  Any employer who requires their employees work from a height must provide employees with proper safety equipment, thorough training, and supervision in order to prevent falls.

Barrett Law PLLC:  Helping Mississippi Employees to Obtain Workers’ Compensation Coverage for Their Jobsite Slip, Trip, and Falls 

The Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC represent injured employees across the state.  Our clients include nurses, school teachers, clerical workers, construction workers, truck drivers, and many others.  At Barrett Law PLLC, we recognize the difficulties that many employees face in obtaining full coverage for their work related injuries.  As such, we dedicatedly strive to assist you through the complex workers’ compensation web towards a full recovery.  Call the exceptional workers’ compensation attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

 

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Mississippi Workers’ Compensation Attorneys Offering Assistance to Injured Truckers

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Many personal injury attorneys focus on representing motorists injured in accidents involving large commercial trucks.  While truck accidents do cause hundreds of thousands of injuries to drivers and passengers in the motor vehicles involved, truckers are also commonly injured in such crashes.  Recently, a man was killed in Jones County when his 18 wheeler truck crashed into a passenger vehicle.  The 42 year old truck driver died at the scene as a result of his injuries.

Emergency medical responders were called to the intersection of Spur Line Road and Mississippi 29 South.  According to investigators, the accident occurred when an individual driving a sedan pulled out onto Mississippi 29 from Spur Line Road.  The vehicle pulled directly in front of the 18 wheeler, which was traveling lawfully on Mississippi 29.  The truck driver attempted to swerve to avoid colliding with the vehicle but clipped the front passenger side of the car. When the vehicles collided, the car was knocked down an embankment on the side of the highway and the 18 wheeler plowed down the embankment into a ravine.  The now deceased trucker was trapped inside his truck.  The driver of the car sustained only minor injuries and is expected to make a full recovery.

When truckers and injured or killed in an accident while on the job, workers’ compensation will generally be their only avenue of relief.  Injured workers can seek reimbursement for their medical expenses and part of their lost wages through workers’ compensation.  The relatives of those killed while on the job can seek death benefits, which will usually include partial wage compensation, funeral, and burial costs.

The following is a list of steps injured truckers should take following any accident:

  • Report:  Report the accident to the police and your employer.  Record the injury in your logbook as soon as possible.  Obtain a copy of the police report and tell your employer in detail, in writing, precisely how the accident happened.  If your employer requires a certain form be used, be sure to turn in the form.
  • Write:  Write down your description of the accident as soon as possible after it happens, while it is still fresh in your memory.  Include any witness names, addresses, and phone numbers.  Take pictures of the scene of the accident and the damage to you, as well as your truck.
  • Seek Medical Attention:  Even if you are unsure of the extent of your injuries, seek medical attention right away after the accident.  Inform your doctor as to what occurred and provide a full description of any pain or problems which you are experiencing.
  • Don’t Sign:  Do not sign any document or offer any recorded statements unless you have consulted with an attorney who approves of you doing so and is present at the time.
  • Call a n Attorney:  As soon as you can after the accident, retain the assistance of an experienced workers’ compensation attorney who understands the unique issues involved in trucker workers’ compensation claims.

Barrett Law PLLC:  Mississippi Workers’ Compensation Attorneys Offering Assistance to Injured Truckers  

Truckers are involved in accidents every day across the nation.  While many accident attorneys focus on injured drivers and passengers of motor vehicles, the Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC have considerable experience representing truckers who are injured in accidents while on the job.  We understand the complexities often involved in receiving full benefits following your truck accident.  Our attorneys have the knowledge and skill to fight for your full recovery.  Call the renowned workers’ compensation attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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Mississippi Workers’ Compensation Attorneys Answer FAQS

Mississippi’s workers’ compensation system is complex and difficult for most employees to navigate.  If you are preparing to file or have recently filed a claim, you will likely have questions about the process.  Here is a look at some of the most frequently asked questions by injured Mississippi employees:

What injuries and illnesses are covered under workers’ compensation?

Most injuries and illnesses that are caused by a work related accident or a work related condition will be covered under Mississippi’s workers’ compensation.  You should qualify for workers’ compensation even if the accident was your fault.  Repetitive motion injuries should also be covered.

There are a few injuries and illnesses that may be excluded, including those that are intentionally self-inflicted, injuries caused by your intoxication, injuries that result when a co-worker attacks you for personal reasons, and more.  Your attorney can review your injuries to assess whether they will fall under workers’ compensation.

Are all workers covered under Mississippi’s workers’ compensation?

Most full time or part time employees will be covered by Mississippi’s workers’ compensation program.  Almost all employers are required to provide this covered and there exist few exceptions.  Those that are self-employed will generally not be covered.

Can I sue my employer or a co-worker for causing injuries or illness?

Not usually.  Workers’ compensation is the sole remedy available to most employees injured on the jobsite.  You can seek coverage for medical expenses and lost wages under the workers’ compensation system.  You will not be paid for pain and suffering stemming from the injury.  There are two main exceptions.  If your injury is caused by a defective product, you may be able to pursue a case against the manufacturer.  Further, if your injury was caused by an assault by a co-worker for personal reasons, you may be able to seek a civil or criminal suit.

I was injured in a car accident while traveling for my job that requires travel, will workers’ compensation cover my injury?

If you are required to travel for work, you will generally be covered in the event of an accident so long as you were on the road for a work purpose and considered to be on the clock.  If you have no fixed place of work and were traveling for the job, you should also be covered.

I was injured while on a break, will my injury be covered?

You may not be covered.  Generally, personal time taken during the work day will not be covered under Mississippi’s workers’ compensation.

Can my employer fire me for filing a workers’ compensation claim?

No.  Your employer cannot legally fire you for filing a workers’ compensation claim and doing would be against the law.  Your employer can, however, fire you for a variety of other reasons, such as extended absence from work.  If you have been terminated and believe your workers’ compensation claim played a role, consult with a qualified Mississippi workers’ compensation attorney immediately.

Barrett Law PLLC:  Assisting Injured Workers Across the State in Obtaining the Compensation They Deserve

If you have been injured on the job, it is imperative you receive the full workers’ compensation benefits for which you are eligible.  Unfortunately, the complex workers’ compensation system makes it difficult to do so.  For those confused by the process or whose claims have been denied or minimized, the Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC are here to help.  We are a team of skilled and dedicated workers’ compensation.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation with one of our exemplary workers’ compensation attorneys.

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Mississippi Workers’ Compensation Attorneys Discuss Deadly Forklift Accidents

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Forklift accidents can be devastating and even deadly.  In 2010, a construction worker was killed in a forklift accident in Jackson, Mississippi.  The accident happened along Interstate 20 where crews were working to rebuild a bridge.  The forklift accident victim perished after being run over by the forklift. One year later, a Mississippi corporation in Cleveland, Mississippi was lobbed penalties of over $46,000 by the Occupational Safety and Health Administration due to an employee’s death in a forklift accident.  OSHA cited 19 safety violations, including failure to ensure the forklift operator was wearing a seatbelt, not conducting sufficient inspections on the forklift, and allowing forklift modifications to be made without the manufacturer approval.  The forklift victim apparently died when the weight shifted on the forklift, causing it to turn over and crush the victim.

Each year, approximately 85 fatal forklift accidents occur.  Another nearly 35,000 forklift accidents happen, resulting in serious injuries to employees.  An additional 61,800 non-serious injuries occur due to forklifts.  It is estimated by the Industrial Truck Association that over 850,000 forklifts are in operation across the U.S.   This means that approximately 11 percent of all forklifts will be involved in an accident, ranging from fatal to non-serious, each year.  As forklifts have an average life of eight years, this calculates to 90 percent of all forklifts being involved in an accident at some point during their useful life.

Forklifts are used in numerous industries and any employee who operates one of these massive machines could potentially experience injury or death.  The majority of forklift accidents occur in the following fields:

  • Mining
  • Construction
  • Manufacturing
  • Retail Trade
  • Transportation
  • Wholesale Trade

Fatal forklift accidents can occur under a wide range of circumstances, but the most common causes of fatal forklift accidents include:

  • The victim is crushed between the vehicle and another surface
  • The victim is run over by the forklift after it tips
  • The vehicle tips, crushing the victim
  • The victim is struck by falling material on the forklift
  • Two vehicles crush the victim
  • The victim falls from the forklift platform

In Mississippi, nearly all employers are required to carry workers’ compensation insurance.  This no-fault insurance system is intended to provide compensation for employees who are injured in the workplace, while in the course and scope of employment.  For many accidents occurring in the workplace, workers’ compensation will be the primary or only means of recovery.  Workers’ compensation benefits can include reimbursement for medical expenses, a portion of wages lost due to time off work, and compensation for any permanent disability or extended time away from the workplace.

 In addition to workers’ compensation, employees may sometimes have additional avenues of recovery, as in the case of a defective forklift causing the accident.  Your workers’ compensation attorney will evaluate your accident and determine your legal rights.

Barrett Law PLLC: Workers’ Compensation Attorneys Fighting for the Rights of All Victims of Workplace Forklift Accidents

Forklifts are massive and potentially dangerous pieces of equipment.  When a forklift malfunctions or an employee is not adequately trained in the operation of these vehicles, serious injury and even death can occur.  All employees injured in the course and scope of employment in the state of Mississippi are entitled to receipt of workers’ compensation benefits.  Obtaining the full benefits to which you are entitled, however, can prove challenging.  If you have been injured in a forklift accident, the Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC can help.  For decades we have assisted injured workers through the sometimes complex workers’ compensation system, ensuring our client’s medical bills, lost wages, and disabilities are compensation.  For aggressive, dedicated, and knowledgeable assistance with your workers’ compensation action, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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Mississippi Workers’ Compensation Attorneys Report: Oil Rig Worker Killed In Southwest Mississippi

A man from Brookhaven, Mississippi recently died in a work-related accident on an oil rig in Lincoln County.  The accident occurred on Monday, October 6, 2014.  The County Coroner reports that the 22 year old employee was working on an oil rig when he was hit by a pipe at about 9:30 p.m.  The rig was located two miles northeast of Brookhaven.

The seriously injured worker was transported by private vehicle to a medical center in Brookhaven, but sadly did not survive.  An autopsy is planned.  The young man was working for Loomis International, a subcontractor for Denbury Resources, a Texas-based oil and gas exploration company.  Originally from Michigan, the worker had lived in Brookhaven for about two years.

This deadly oil rig accident highlights the dangers that face workers in this high stakes job. America is one of the top oil producing countries in the world, with over 1,800 oil rigs located across the nation.  While most of our oil comes from Alaska, California, Louisiana, New Mexico, and Texas, Mississippi is home to much drilling activity as well.  Most oil rigs are located in remote locations.  Oil rig workers are typically sent to these locations for several months of years at a time.

While the oil company will usually pay room and board, other expenses, and the pay is generally high, working on an oil rig is considered one of the country’s most dangerous jobs.  Oil rig workers typically put in strenuous work for eight to 12 hours per day.  The demands for increased productivity are high, and there is often a shortage of workers.  Working conditions can be chaotic and quite dangerous.  The likelihood of oil rig injuries and deaths is at an all time high.

Most oil rig accidents are the result of negligence, human error, or a product defect, including equipment failure, exposure to hazardous chemicals or harsh elements.  Causes of oil rig accidents commonly include:

  • Falls from oil derricks
  • Equipment failure
  • Negligent maintenance
  • Contractor, subcontractor, or co-worker negligence
  • Truck accidents on the job
  • Burns caused by oilfield explosions or fires
  • Toxic chemical exposure
  • Serious injuries or death caused by oil well blowouts

If you or a loved one is injured or killed in an oil rig accident, contact an experienced workers’ compensation attorney as soon as possible.  Obtaining compensation for oil rig accidents can be complex and will require prompt investigation and action.  Injured oil rig workers and their families have several possible avenues for recovery, including through workers’ compensation, a personal injury action, or a product defect action.

Barrett Law PLLC: Protecting Mississippi Oil Rig Workers  

Working on an oil rig can be strenuous and, at its worst, dangerous.  Serious and even deadly accidents can occur on oil rigs due to the negligence of others or a product defect.  Workers injured in oil rig accidents and their families have the right to pursue compensation in the event they are injured or killed on the job.  The Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC assist injured oil rig workers across the state.  We will fight to see that you receive the workers’ compensation benefits to which you are entitled, including coverage for your medical expenses, lost wages, occupational rehabilitation, and more.  Under some circumstances, you may additionally be able to pursue compensation outside the workers’ compensation program.  The attorneys at Barrett Law PLLC will thoroughly evaluate the facts of your accident and uncover all potential avenues for recovery.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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

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

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

Why was your claim denied?

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

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

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

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

Appealing Your Denial

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

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

Barrett Law PLLC: Assisting Injured Workers Across Mississippi

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

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

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

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

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

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

  • Electricians
  • Construction workers
  • Utility workers
  • Manufacturing workers

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

Electrocution, Electric Shock, and Burns

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

Some of the most common electric shock injuries include:

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

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

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

Liability for Electric Shock Accidents

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

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

Barrett Law PLLC: Protecting Mississippi Workers

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

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Carpal Tunnel Syndrome & Mississippi Workers’ Compensation Claims

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

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

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

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

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

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

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

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

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

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

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

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

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

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Types of Compensation in Workers Compensation Cases

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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