A “right” is defined as a just claim or title, whether legal, prescriptive, or moral. In the context of Mississippi Workers’ compensation cases, these rights are detailed in the laws that are actually on the books. Said statues, or laws, define the benefits an injured worker is entitled to receive. Mississippi workers compensation laws can be found in Section 71 of the Mississippi Code Annotated.
What Rights Does an Injured Worker in Mississippi Have?
This is not an exhaustive list of rights, but are the ones our clients are usually most concerned with obtaining. The following rights pertain to qualified work injuries. Rundlett Law Firm and our five star team of workers’ compensation lawyers are happy to discuss any questions you have and help determine if your claim qualifies.
First, an injured worker is entitled to hire an attorney to represent them at no cost. Attorney fees are paid at the end of a case and only if the attorney is successful. Rundlett Law Firm has collected millions for our clients and have an extensive knowledge of Mississippi workers comp laws.
Second, an injured worker is entitled to choose their own doctor. Workers’ comp insurance companies and employers in Mississippi routinely send their employees to doctors of their choosing. This is not always best for those hurt at work.
Third, an injured worker is entitled to have all of their medical treatment, including doctor’s visits, physical therapy, pain management, surgery, medications, home modifications, specialized transportation and others paid for by the workers’ comp insurance company for life, at no cost to the employee.
Fourth, an injured worker is entitled to receive part of their lost wages while they are unable to work.
Fifth, an injured employee is entitled to a lump sum settlement. Lump sum settlements are usually available once an employee reaches maximum recovery. Maximum recovery does not mean 100% recovery. It means the injured person has recovered as much as they possibly can. A lump sum may include money for lost wages and money for anticipated future medical costs. Rundlett Law Firm is skilled at maximizing this recovery for our clients.
An Overview of the Mississippi Workers Compensation Act
The workers’ compensation system is designed to protect both employees and employers in the event of work-related injuries or illnesses. In Mississippi, the Workers’ Compensation Commission oversees the state’s workers’ compensation program, ensuring that injured workers receive the necessary medical care and financial support, while employers are shielded from potential lawsuits.
Mississippi’s workers’ compensation laws require most employers with five or more employees to carry workers comp coverage. This coverage extends to all eligible workers, regardless of their employment status – full-time, part-time, or seasonal.
The program covers a wide range of work-related injuries, including physical injuries sustained during accidents, occupational diseases arising from prolonged exposure to workplace hazards, and even psychological or mental conditions caused by work-related stress.
In the event of a work-related injury or illness, the worker injured must promptly notify their employer and seek medical attention. Failure to report the injury within the required timeframe may jeopardize the employee’s eligibility for workers’ compensation benefits.
Once notified, the employer must then report the incident to the Workers’ Compensation Commission and their insurance carrier.
Upon approval of the workers’ compensation claim, the injured worker may be entitled to various benefits. Medical benefits cover the cost of necessary medical treatments, surgeries, prescriptions, and rehabilitation services.
Additionally, wage replacement benefits, known as temporary total disability benefits, are provided if the employee is unable to return to work temporarily due to their condition. If the worker’s injury results in permanent impairments, they may be eligible for permanent partial disability benefits, which compensate for the loss of bodily function or reduced earning capacity.
While workers’ compensation insurance provides essential protections for employees, it also shields employers from potential lawsuits related to workplace injuries. By offering workers’ compensation benefits, employers generally cannot be sued by the employee for additional damages beyond the scope of the workers’ compensation program.
Injured Employees Should File Their Initial Claim Today
Overall, Mississippi’s workers’ compensation program is designed to create a fair and equitable system that ensures injured workers receive proper care and compensation, while employers can maintain a safe work environment without the fear of expensive lawsuits.
If you are injured on the job in Mississippi, it is crucial to understand your rights and obligations under the state’s workers’ compensation laws and seek legal advice if needed to navigate the process effectively.
Watch this video to learn more about how our team handles workplace accidents.
Please contact Rundlett Law Firm today if you have any questions, or to start your claims process.
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