The statute of limitations for Mississippi workers’ compensation is found under Miss. Code § 71-3-35. According to this statute, there are two critical deadlines injured workers must keep in mind in Mississippi:
- They must notify their employer within 30 days of the injury or diagnosis.
- They must file a claim and receive payment or challenge a denial within two years from the date of their injury.
If an injured worker misses either of these deadlines, it could bar them from seeking and receiving the benefits they need. Sticking to the prescribed timeline in an on-the-job injury case is essential to getting approval and receiving wage loss benefits, disability, and more.
Benefits Available Through Workers’ Compensation in Mississippi
When a worker is hurt or ill because of their job in Mississippi, they may qualify for several benefits through the state’s workers’ compensation program. These benefits include:
- Medical care and related expenses
- Wage loss benefits, up to two-thirds of their usual wages or the policy maximum
- Disability payments, including both partial and total
- Vocational training, as needed
Injured workers should not have to pay for their treatment and care out of pocket or worry about their paycheck while healing from their injuries. Workers’ compensation can be a vital resource during their recovery.
Death Benefits for Workers’ Families
According to the Mississippi Workers’ Compensation Commission (MWCC), the state workers’ compensation law promises a payout to surviving family members when a worker dies from on-the-job injuries. These benefits are paid weekly or bi-weekly and could last for up to 450 weeks. They cover a portion of the family’s income losses because of the death of their loved one.
Under state law, additional death benefits include a portion of the funeral expenses – usually up to $5,000 – and a lump sum of $1,000 in other benefits.
For a free legal consultation, call (800) 537-8185
Who Can Receive Workers’ Compensation Benefits in Mississippi?
Most businesses in Mississippi have to provide workers’ compensation insurance for their employees. Specifically, the law covers all workplaces with at least five workers. While companies with fewer employees do not have to provide this coverage, many do. The exceptions to this law include:
- Domestic workers such as nannies and housekeepers
- Farm labor
- Non-profit, charitable, or religious organizations
- Workers in some fields covered by federal law, such as maritime workers
- Independent contractors who are self-employed
A worker whose company has workers’ compensation insurance may be able to receive benefits when they:
- Suffer any type of injury as a result of their work, no matter the severity
- Develop a chronic use injury likely related to employment
- Receive a diagnosis of an occupational illness or disease
If you were hurt on the job or diagnosed with a work-related illness, you could qualify for these benefits. However, you will need to report your injury or illness to your manager, supervisor, human resources department, or another appropriate party as soon as you can, as you have a limited time to begin this process.
How Common Are Workers’ Compensation Disputes?
Unfortunately, filing a workers’ compensation claim and receiving benefits does not always go smoothly. Some of the most common reasons for claim disputes include:
- The insurer denies payment of wage loss benefits or medical coverage.
- The employer refuses to report the injury or illness.
- Their insurer refuses to pay the proper amount based on the law and policy.
These disputes are not uncommon, and you may want to work with a workers’ compensation lawyer to protect your rights.
An Attorney Can Fight for Your Right to Workers’ Compensation Benefits
You don’t have to fight claim challenges alone while also healing from your on-the-job injuries. A lawyer on our team could help you stand up to the insurer, report your concerns, or appeal a denial.
In addition, we can consider if you may be able to hold anyone else liable for your injuries in a personal injury claim or lawsuit. While you cannot sue your employer in most cases, a third party may have contributed to or caused your injuries. As such, they may be legally responsible according to Mississippi personal injury law.
For example, say a delivery driver struck you in the parking lot at work. Workers’ compensation would pay for your medical care and a portion of your wages. However, the delivery driver and their employer could also be liable. Our attorneys can determine if this could be another viable option for seeking compensation in your case.
Discuss Your Options with Morris Bart, LLC for Free Today
You can speak with a lawyer from the Morris Bart law office for free today. We will review your on-the-job injury and explain your options for compensation. The areas we serve include all of Mississippi, as well as other states across the Gulf South.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.