If you or a loved one was recently hurt in a work accident, you have certain rights under Mississippi’s workers’ compensation laws, and you may be entitled to compensation for medical bills and other damages.
You may also be able to bring a personal injury claim against a liable third party. Unfortunately, getting compensation after a work accident is not always easy. Employers and insurance companies may offer settlements that are too low or they may deny a claim entirely.
How to Know if You’re Entitled to Workers’ Compensation
Mississippi established workers’ compensation in order to ensure that injured workers receive financial support for medical expenses and lost wages after a work accident. Miss. Code Ann. §71-3-5 requires employers to carry workers’ compensation insurance if they have five or more employees.
Workers may be entitled to compensation regardless of who or what caused the injury. Some work injuries occur during an accident, such as a fall. However, injuries may also occur from repetitive motions. Typing, moving heavy objects, and other physical motions can cause damage to a person’s body if performed repeatedly. Workers’ compensation may cover injuries caused in an accident, as well as repetitive stress injuries.
When Workers’ Compensation Does Not Cover Your Injuries
There are certain situations in which an injured worker may be ineligible for compensation. Workers may be unable to receive benefits if they:
- Were intoxicated by drugs or alcohol at the time of the injury
- Failed to follow safety instructions
- Were injured while traveling to or from work
- Were engaged in a non-work activity at the time of the injury
- Intentionally injured themselves or tried to injure someone else
For a free legal consultation with a Workers' Compensation lawyer serving Ocean Springs, call 800-537-8185
What to Do if You Were Denied Workers’ Compensation Benefits
There are many different reasons that a workers’ compensation claim may be denied. It is possible that your claim was denied because:
- You did not submit the claim on time.
- Your workers’ compensation claim was incomplete or missing key information.
- Your doctor did not provide adequate medical notes or records.
- Your employer claims that your injury predated the work accident or was not caused by work activities.
- Your employer says that you were under the influence of alcohol or drugs at the time of the injury.
- Your employer claims that the injury was self-inflicted.
It is important not to give up after receiving a workers’ compensation denial. You may still be able to receive benefits. You can file an appeal by submitting a petition to the Mississippi Workers’ Compensation Commission (MWCC) and arguing your case at a hearing. An Ocean Springs workers’ compensation lawyer from the Morris Bart law firm can help you appeal a denial and represent you during the hearing. We can negotiate with the insurance companies so that you can focus on healing from your injuries.
Sometimes, an employer or insurer will deny a workers’ compensation claim even if the employee is entitled to compensation. If your workers’ compensation claim was wrongfully denied, you may have grounds for a lawsuit. Our team could file a lawsuit for you and advocate on your behalf.
Call our office today at (228) 357-9621 for your free case assessment.
Ocean Springs Workers' Compensation Lawyer Near Me 800-537-8185
Compensation You May Be Entitled to After a Work Accident
If you were injured on the job, you may be entitled to compensation through workers’ compensation. You can use these benefits to pay medical bills and mitigate other financial harm your injuries caused. Typically, workers’ compensation includes:
The medical costs of a serious work injury can be steep. Fortunately, medical care is usually covered by workers’ compensation. You may receive compensation for costs related to ambulance transportation, hospital care, emergency room treatment, doctor’s appointments, home health care, surgery, medical testing, and prescription medication.
A work injury can prevent you from working for weeks, months, or even longer. Through workers’ compensation, you may also receive benefits for your lost wages due to missed work.
Disability benefits are based on a percentage of the worker’s typical weekly pay. The amount of compensation you recover for missed work is subject to limits established by Mississippi law.
How to Bring a Workers’ Compensation Claim After a Loved One’s Death
According to the U.S. Bureau of Labor Statistics (BLS), there were 5,333 fatal work accidents in 2019. This works out to one fatal accident every 99 minutes. If your loved one passed away from injuries they sustained in a workplace accident, you may be entitled to benefits through workers’ compensation.
The deceased person’s next of kin may receive benefits including:
- Funeral and burial expenses up to a certain amount
- Compensation for the deceased person’s children
- Compensation for the deceased person’s spouse
The amount of compensation will depend on the number of beneficiaries seeking compensation. If the worker had no spouse or children, compensation may be available to other qualified parties, such as parents or siblings.
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Contact Morris Bart, LTD Today for a Free Consultation
If you or a loved one was injured in a work accident or suffered an injury from repetitive motions, you may be entitled to workers’ compensation. A workers’ compensation lawyer can help you file a claim, challenge a denial, and more. Get a free case assessment today when you call our Ocean Springs office at (228) 357-9621.
to find a Morris Bart office near you.