On-the-job injuries happen all the time, despite safety standards established by the Occupational Safety and Health Administration (OSHA). Unfortunately, legitimate workers’ compensation claims are occasionally rejected by employers and insurance providers.
If your claim was denied, you can try to appeal the decision. A Biloxi workers’ compensation attorney from our law firm can assist you with your claim and help you claim benefits. We offer a complimentary consultation to help you learn more about your options.
Mississippi Workers’ Compensation Covers Most Employees
According to the Mississippi Bar, most people working in Mississippi are covered by a workers’ compensation policy that should cover medical bills after a workplace injury or work-related illness. In addition to covering all of the related medical bills, the policy should pay about two-thirds of the injured employee’s average wage, tax-free.
While this sounds like the type of relief an employee needs and deserves after an occupational injury or illness, it is not always easy to get your claim approved and receive benefits. Denials may occur at several points along the way:
- Your employer may fail to file a report with the Workers’ Compensation Commission.
- Your employer may deny that your injury or illness is work-related.
- The insurance carrier may deny your claim.
Since your workers’ compensation coverage begins at your hiring, and there are no minimum hours worked to remain covered, these should not be the reasons for your denial. If you received a workers’ compensation benefits denial, our Biloxi workers’ compensation attorneys can review your case to determine the reason for your denial.
For a free legal consultation with a Workers’ Compensation lawyer serving Biloxi, call 800-537-8185
Can You Sue Your Employer if You Are Injured at Work?
If you qualify for workers’ compensation benefits, you typically cannot sue your employer for damages. Workers’ compensation insurance is meant to protect workers and employers in the event of accidents. This means a workers’ compensation claim may be your only option for compensation.
There are two exceptions when you may be able to sue. If your employer has insufficient insurance coverage or does not provide workers’ compensation insurance, you may sue your employer. You cannot sue for negligence but if your employer intentionally harmed you, you may file a lawsuit to recover your financial losses.
Pursuing Compensation Following a Work Injury
Our goal is to ensure you get the services, benefits, and compensation for a portion of your lost wages that you need to make ends meet and get your life back as close to normal as possible following an on-the-job accident or illness. Workers’ compensation coverage generally includes:
Medical Care and Related Services
Medical care covered by workers’ compensation insurance should include any medical treatment and related expenses. This could include:
- Ambulance transportation
- Emergency room care
- Doctor visits
- Home health services
- Prescribed therapies
You may even be reimbursed for the cost of traveling for care. A workers’ compensation lawyer in Biloxi can review your expenses to determine the value of your claim.
A Portion of Your Lost Wages
Cash payments for the time and income you miss at work are often the part of workers’ compensation that injured workers are most concerned about. While workers’ compensation pays only a percentage of your normal pay, it is vital for many families.
If your injury or illness is serious enough that you cannot return to your previous position, workers’ compensation may cover the cost of rehabilitation services related to getting a new job or returning to your previous line of work. This may include:
- Job training
- Vocational rehabilitation
You may be eligible for other services related to helping you return to work.
If a member of your immediate family passed away because of workplace injuries or a related illness, the workers’ compensation insurance policy should provide you with death benefits, including cash benefits and coverage of funeral and burial expenses.
When a Biloxi workers’ compensation attorney from our law firm pursues a payout after a workers’ compensation denial, we will seek damages for these unpaid benefits, plus other damages you may be entitled to receive.
A Biloxi Workers’ Compensation Lawyer Can Help Your Case
At our law firm, we understand the common reasons why workers’ compensation claims get denied, and we know how to prove injured workers qualify for benefits. Your workers’ compensation attorney in Biloxi can:
- Explain the benefits you are entitled to
- File your initial workers’ compensation claim
- Review a denial of benefits
- Communicate with insurance on your behalf
Collecting evidence to support your claim may allow us to prove your injuries occurred at work or because of work and demonstrate that you qualify for benefits based on the policy that covers you.
How Much does Workers’ Compensation Pay?
The average workers’ compensation benefits pay $398.93 weekly. Mississippi allows injured workers to collect 66% of lost wages. Once your claim has been approved, you can collect benefits for up to 450 weeks. As of January 1, 2021, the total claims limit rose to $235,422.00.
Deadlines Associated with a Workers’ Compensation Claim
There are several deadlines you will need to meet when filing your workers’ compensation claim, and several others that may play a role in challenging your denial, according to the Mississippi Workers’ Compensation Commission.
- You should report your injury or illness to your employer as soon as possible, but there is generally a 30-day limit on doing so, when possible.
- In most cases, there is a two-year limit on filing a claim and recovering benefits.
It’s important to note that the two-year limit is a statute of limitations that applies to an injured employee seeking workers’ compensation disability benefits. The courts may bar you from recovering benefits unless you file a claim with the Workers’ Compensation Commission within two years of your injury.
When to Consult a Workers’ Compensation Lawyer in Biloxi
A workers’ compensation lawyer in Biloxi can step in to help you with your case at any time. If you were just injured and don’t know how to file a workers’ compensation claim, we can assist you with that. If you already submitted your claim and it was denied, our team can help you overturn the judgment.
So long as the statute of limitations has not expired, you can consult with a lawyer to work on your case. Our team of experienced attorneys can help you file your claim in a timely manner to ensure you don’t miss out on your chance for compensation.
How Much do Workers’ Compensation Attorneys Charge?
You will not pay anything up front or out of pocket to be represented by a workers’ compensation lawyer in Biloxi. We only get paid attorneys’ fees if we secure cash benefits on your behalf. To protect your rights, there is a limit on how much an attorney can charge in this type of case.
Talk to a Biloxi Workers’ Compensation Attorney
The Morris Bart law firm has helped thousands of injured workers whose workers’ compensation claims were denied by the insurance carrier or their employer. We may be able to fight your denial and help you get the benefits or settlement you deserve.
To learn more about how our workers’ compensation lawyers in Biloxi may be able to help with your case, call now. We’re standing by 24/7 to take your call. A member of our team can evaluate your case for free.
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