Every day, people suffer serious injuries while performing their job duties. In Mississippi, injured workers have the right to pursue workers’ compensation claims and recover benefits to pay for medical care, lost wages, and more.
If you are injured at your Gulfport workplace, the attorneys at Haug, Farrar & Franco, PLLC can help. Our Gulfport workers’ compensation lawyers will fight aggressively for your right to recovery and secure the award that you deserve.
Millions of workplace injuries occur in the United States every year, according to the National Safety Council. Workers can suffer serious and traumatic damage during workplace accidents, develop illnesses due to years of exposure to toxic substances, or sustain painful overexertion injuries due to repetitive movements.
Some of the most common types of workplace injuries include the following.
According to Mississippi Code 71-3-5, all employers with five or more employees are required to purchase workers’ compensation coverage. This compensation pays for workers’ losses in the event of a workplace-related injury, such as medical care and wage loss benefits.
Certain employers are exempt from providing this coverage, such as farmworkers and employees of charitable organizations. In most cases, however, an employer is required to provide this coverage. You, as an employee, would be eligible to file a workers’ compensation claim if you suffered an injury while performing your job duties.
It is important to note that filing a workers’ compensation claim will prevent you from filing a lawsuit against your employer over the same incident. However, there are certain situations where you may want to pursue litigation, such as in cases involving negligent third parties. Before initiating your claim, speak to a Gulfport workers’ compensation lawyer to discuss your legal options.
Even if an employer provides workers’ compensation insurance, employees are only covered if they are injured while performing their job duties. There are a few situations where an employee is not covered, including:
If you’re injured by a defective product at work, you may be wondering if you can file a workers’ compensation claim and a personal injury claim. The answer is maybe. It depends on the circumstances of your injury.
If you file for workers’ compensation, you will be barred from filing a personal injury lawsuit against your employer. However, in many defective product cases, you might be able to file both types of claims: a personal injury claim against the manufacturer of the product and a workers’ compensation claim through your employer.
Benefits available in Mississippi workers’ compensation claims typically fall into one of two categories. Medical benefits provide compensation for necessary care related to the workplace injury, including doctor’s visits, physical therapy, and even transportation to and from appointments.
The second category is wage loss benefits. Under Mississippi law, employees are entitled for two-thirds of their average weekly wage up to a certain amount and for a limited time. Long-term benefits are also available for employees with permanent disability.
The first step in appealing a workers’ compensation decision is to file a Petition to have your claim reviewed by the Mississippi Workers’ Compensation Commission. This must be done within 30 days of the original decision date.
Once the petition is filed, your case will be assigned to an administrative judge, and a hearing will be scheduled. At the hearing, you will have the opportunity to present evidence and testify. Once all the evidence has been presented, the judge will make a decision.
If you are still dissatisfied with the outcome of the hearing, you can appeal the judge’s decision to the full Mississippi Workers’ Compensation Commission. This must be done within 20 days of the date of the judge’s decision. The Commission will review the case and issue a written opinion. They don’t usually schedule a hearing at this stage, but you can request one.
If you are still not satisfied with the outcome of the Commission’s review, you can appeal to the Mississippi Supreme Court. This must be done within 30 days of the Commission’s opinion.
It’s always wise to consult with a Gulfport workers compensation lawyer before filing any appeals, as they can be of significant help in this process.
If you are injured while on the job, you may be eligible for financial compensation. In these situations, trust the lawyers at Haug, Farrar & Franco, PLLC to represent your case. Our Gulfport workers’ compensation attorneys will advocate aggressively for your right to compensation. Contact us today to schedule your free consultation and discuss your legal options.