Tupelo Workers’ Compensation Attorneys
While working is something that’s necessary for most and very enjoyable for many, there’s no doubt that going to work every day has risks—especially for workers in certain industries. At The Pearson Law Firm, our Tupelo workers’ compensation attorney can provide representation if you’ve been injured during the course of your work. When you’ve been harmed at work, you have the right to workers’ compensation. Our lawyer can help you to get the benefit amount that you deserve. Reach out to our law firm directly today to learn more.
Workers’ Compensation Requirements and Exemptions
Most employers in the state of Mississippi are required under law to carry workers’ compensation insurance. In fact, all employers with five or more regular employees are required under law to carry workers’ compensation insurance, with few exceptions.
For employers with fewer than five employees, carrying workers’ compensation is optional. Note that if you work in certain industries, such as agriculture, you may be exempt from workers’ compensation coverage requirements. Be sure to consult with an attorney if you have any questions about whether your employer is required to provide you with workers’ compensation insurance.
How Does Workers’ Compensation Work in Tupelo?
Workers’ compensation is a no-fault insurance system. This means that in order to receive benefits under workers’ compensation, a worker will only need to prove that they have suffered an injury or an occupational illness and that the injury/occupational illness was sustained during the course of their workplace activities. The injured worker does not need to prove fault, nor will they be denied benefits if their own fault contributed to the accident and injury.
In exchange for no-fault benefits, employers enjoy immunity from liability. This means that while an injured worker has the right to file a workers’ compensation claim for benefits, they do not have legal grounds to file a lawsuit against their employer for damages. A workers’ compensation claim is the only avenue for compensation.
Keep in mind that there are some cases where workers’ compensation claims are denied. Common reasons for claim denial include failure to report an injury/employer, failure to report the injury on time, the insurer/your employer claims that your injuries were pre-existing, or you have been accused of a self-inflicted injury.
What to Do if Injured at Work
If you are injured at work, there are certain steps that you need to follow immediately both to ensure that you get the medical attention you need and to ensure that your right to pursue workers’ compensation benefits is preserved. Steps to take if you are injured at work include:
- Emergency medical care. If you have injuries and you need emergency care, do not hesitate to seek emergency care. You can go to the nearest emergency room. Emergency care is covered under workers’ compensation.
- General medical care. If you do not need emergency care, you should still seek medical care as soon as possible after a workplace accident. In most situations you have a right to choose your own doctor in Mississippi.
***Never sign a choice of physician form without speaking with an attorney experienced in workers compensation law.***
- Report your injuries. One of the most important things that you must do after being injured on the job is to report your injuries to your employer as soon as possible, but no later than 30 days after the injury has occurred. After you provide your employer with notice of your injury, your employer is required to file a report with its workers’ compensation insurer or/and the Workers’ Compensation Commission.
- Follow your doctor’s orders. Following your doctor’s orders is very important at all times, but especially when seeking benefits through the workers’ compensation system. If you do not follow your doctor’s orders, the insurance company may have grounds to deny or reduce the value of your claim.
Benefits Available Under Workers’ Compensation
Benefits that are available under workers’ compensation in Mississippi are divided into two broad categories: medical benefits and wage replacement benefits.
A worker who is injured on the job is eligible to receive medical benefits for all necessary and reasonable medical expenses, including hospital stays, doctors’ visits, medication, surgeries, physical therapy, and medical equipment. Medical benefits also include mileage reimbursement for trips to and from doctors’ visits.
Wage replacement benefits
Workers’ compensation benefits also include wage replacement benefits. If a worker is unable to return to work, they are entitled to a wage replacement benefit that is equal to ⅔ of their average weekly wage before the injury occurred. This amount is subject to a maximum benefit level established by the Mississippi Workers Compensation Commission each year. There are also permanent disability benefits available for workers who are totally or partially disabled.
The Workers’ Compensation Settlement Process
One of the most important things to know about the workers’ compensation settlement process is that settlement is voluntary—you do not have to settle if you do not agree to the settlement offer. It is strongly recommended that you contact a workers’ compensation attorney who can represent you during settlement negotiations and protect your rights throughout the process.
Workers’ Compensation Appeals
In the event that your claim for workers’ compensation is denied or the workers compensation carrier refuses to pay benefits that fairly compensate you for your injury, you have the right to file a petition and have your case addressed by an Administrative Judge.
After your petition has been filed, there will be a hearing before an Administrative w Judge (AJ). If you are displeased with the outcome of your case, you can file an appeal to the full Commission. If you are involved in the workers’ compensation appeals process, it is critical that you have an experienced appeals lawyer on your side.
Call a Tupelo Workers’ Compensation Attorney Today
If you have been injured on the job, you deserve to be compensated. Under the law, you have a right to workers’ compensation benefits. At The Pearson Law Firm, our Tupelo workers’ compensation lawyer is committed to helping you recover the benefits you deserve.
To learn more about how we can help you and your right to benefits, call us directly today at (662) 371-6309, send us a message online, or visit our office in person.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.