If you work in Diamondhead, Mississippi and recently sustained an injury or developed an illness due to your work conditions, you may be entitled to file a workers’ compensation claim. Under labor laws, workers retain rights to be compensated for preventable injuries or illnesses that occurred as a result of their working conditions. This right applies to workers throughout the rest of Mississippi as well.
When you call us at (228) 357-9621, you get a free case evaluation and can discuss your circumstances with one of our representatives, who can then determine how we may be able to help you with your claim.
If you have already submitted a workers’ compensation claim but received a denial letter, we may be able to help you appeal this decision and guide you through the appeals process, wherein your lawyer would serve as your legal representative.
Employers Can Be Held Liable for Their Employees’ Work-Related Injuries
You do not have to prove fault in a workers’ compensation claim, as Mississippi is a “no-fault” state and mandates that employers cover their employees for injuries that occur in the workplace. According to the Mississippi Bar, the Mississippi Workers’ Compensation Act was put into law in 1948 to help employees get the financial recovery they needed after being injured or developing an illness while working. It also helps employers avoid potential lawsuits from their employees.
Not every worker qualifies for compensation in Mississippi. According to the Mississippi Workers’ Compensation Commission (MWCC), exceptions include:
- Employees of businesses that have fewer than five employees
- Independent contractors or freelancers
- Volunteer workers
- Domestic and farm labor employees
- Employees of nonprofit fraternal, charitable, religious, or cultural organizations
- Federal employees and certain maritime workers
A workers’ compensation lawyer can review your case to determine if you are eligible to claim benefits and then help you commence the claims process.
Employees May Be Entitled to Receive Benefits for Medical Costs and Lost Wages
Unlike lawsuits, workers’ compensation claims are limited in the number of damages they cover. Most claims generally result in compensation for lost wages and medical-related costs, which may include:
- Costs for medical appointments and procedures
- Mileage costs to travel to medical appointments and procedures
- Costs for medical support devices, such as wheelchairs, crutches, slings, and braces
- Costs for prescription medicine
- Costs for emergency care and ambulance travel
- Costs for hospital and nursing services
- Costs for physical therapy
When it comes to reimbursement of lost wages, Mississippi Code §71-3-17 details how many weeks of compensation an employee may receive for the type of disability they incurred. In general, however, employees are entitled to receive 66.66% of their weekly salary, and they may receive compensation for up to 450 weeks, depending on the severity of the disability.
Your workers’ compensation lawyer can discuss what kind of benefits you might be able to receive in more detail in future consultations.
How the Workers’ Compensation Process Works
All workers’ compensation claims must be filed with the MWCC. However, employees must follow certain rules, which are:
- An event that led to a work-related injury must be reported to the employer within 30 days.
- With exception to benefits to cover medical costs, no compensation shall be received within the first five days of the injury unless the injury lasted for 14 or more days, per Mississippi Code §71-3-11.
- Once an injury is reported, the employer must provide benefits for medical costs and lost wages. If an employee does not receive benefits, they have up to two years to file a workers’ compensation claim.
Employees are eligible to file a workers’ compensation claim from the moment they are hired, so you do not have to worry about how long you have been working for a business to determine whether you can file. However, you may need to provide evidence to support your claim and legitimize that your injury was work-related. You might also need to visit a doctor appointed by your employer for a medical exam to receive medical benefits.
Hire a Diamondhead Workers’ Compensation Lawyer from Morris Bart, LTD
If you or a loved one sustained a work-related injury or illness, you might be able to file a workers’ compensation claim with your employer to receive benefits. A Diamondhead workers’ compensation lawyer from the Morris Bart law firm can help you prepare your claim and represent you in hearings if necessary.
Before you submit your claim or appeal, we advise you to get legal advice on where your case stands. At the Morris Bart law firm, we offer free consultations to people who call our firm at (228) 357-9621. You can discuss your case with an attorney from our team who can assess how we may be able to help you. Reach out today for your free evaluation.
Questions?Call (228) 357-9621
to find a Morris Bart office near you.