Skillful Representation For Injured Workers
Have you been injured on the job? Getting injured on the job is one of the most difficult times you may face in your life. As a result of your work-related injury, you will face a system dominated by insurance companies that routinely deny legitimate claims, delay benefit payments and offer lowball settlements. That is why it is important to hire a workers’ compensation attorney who understands these challenges and can help you navigate through the workers’ compensation claims process.
What Is Workers’ Compensation?
Workers’ compensation is a form of insurance paid by employers that allows for medical benefits and compensation to employees who are injured at work in the course of employment. In exchange, the employee relinquishes all rights to sue the employer for the tort of negligence. Every state has its own laws for the administration of workers’ compensation claims, procedures, compensation and proceedings.
If you have been injured on the job or became sick while working for an employer, you might qualify for workers’ compensation benefits. As an injured worker, it is very important for you to know your rights and make sure you are afforded the best medical care and compensation you deserve.
Although injuries at the workplace can range from catastrophic to minor, our workers’ compensation attorneys will aggressively represent you no matter how large or small your injury may be.
Typical Work-Related Injuries
Typical work-related injuries include:
- A single accident while at work
- A long-term injury caused by years of labor
- Stress-related injuries
- Illness from overexposure to toxins
- Aggravation of an existing injury
The Process For A Workers’ Compensation Claim
If you have been injured on the job while in the course of employment, you will want to:
- Notify your employer. Always document the injury with your employer.
- File a workers’ compensation claim.
- Comply with the insurance carrier or employer’s investigation of the claim.
- Undergo a doctor evaluation.
- Receive treatment for the injury from the doctor.
- Receive compensation as a form of wage replacement.
Workers’ Compensation FAQs
Because the workers’ compensation process is so confusing, it is not unusual for injured workers to have questions about their claim. Below are some of the most frequently asked questions we receive.
What are work-related injuries?
A work-related injury is typically an injury or illness sustained by an employee while they were performing duties related to their job.
Is there any statute of limitations in workers’ compensation?
In most cases, if no compensation is paid (other than medical treatment or burial expense) to the injured employee and no application for benefits is filed with the workers’ compensation commission within two years from the date of injury or death, then all rights to compensation are forever barred, even if the employer receives notice of the injury.
How much compensation will I receive?
In Mississippi, the compensation rate is 66.33% of the average weekly wage of the employee, subject to the minimum and maximum limitations as to weekly benefits. For example, injuries sustained in 2015 pay a minimum of $25 per week and a maximum of $463.59 with a lifetime disability maximum of $208,615.50. (Source – Mississippi Workers’ Comp Commission.)
Are there different types of workers’ compensation benefits?
- Temporary Total Disability (TTD) – TTD benefits are received by the injured employee while they are completely disabled and unable to work. TTD benefits are subject to 66.33% of the average weekly wage of the injured employee and subject to the minimum and maximum limitations. These benefits are not to exceed 450 weeks.
- Temporary Partial Disability (TPD) – TPD benefits are received by the injured employee during any period in which the injured employee has a decrease in earning capacity. TPD benefits are 66.33% of the difference between the injured employee’s pre-injury average weekly wage and their wage-earning capacity after the injury in the same or other employment, subject to the minimum and maximum limitations.
- Permanent Partial Disability (PPD – Scheduled Members) – Injuries to certain body parts are scheduled, meaning that the maximum number of weeks of compensation an injured employee can receive is statutorily set. PPD benefits are 66.33% of the average weekly wage of the injured employee, subject to the minimum and maximum limitations. Cases that are “Body as a Whole” (cases other than scheduled members) are valued at 66.33% of the average weekly wage of the injured employee and subject to the minimum and maximum limitations. These benefits are not to exceed 450 weeks.
- Permanent Total Disability (PTD) – PTD benefits are for certain claims which are found to cause permanent disability. The payment amount of these claims is 66.33% of the average weekly wage of the injured employee and subject to the minimum and maximum limitations. These benefits are not to exceed 450 weeks.
What medical treatment will the employer pay for?
The employer of an injured worker must pay for medical treatment for as long as the nature of the injury or the process of the recovery requires.
May I choose my own doctor?
An injured employee has the right choose one physician unless the employee is treated for their injury by a physician for six months or longer or if the employee has surgery for the injury by a doctor – then that doctor is deemed the employee’s choice.
Do I need an attorney to file a claim?
No, you do not need an attorney to file a claim. However, having an experienced workers’ comp attorney is always advised because the workers’ compensation process is both confusing and frustrating.
If I hire an attorney, who pays for the lawyer?
A workers’ compensation attorney should never ask for upfront fees. If an award is made to you, then the attorney’s fee will be deducted from that award.
How We Can Help
If you are suffering from an on-the-job injury, you deserve to know your rights. Our experienced workers’ compensation attorneys are committed to providing excellent service and desired results for those who face the uphill battle of recovering from an on-the-job injury.
If you have experienced any of the following, you need the assistance of an experienced workers’ compensation attorney:
- Claim denied by the employer and/or carrier
- Adjusters not returning your phone calls or emails
- Delays in approving medical treatment
- Insurance companies giving the silent treatment
- Late benefit checks
Workers’ compensation is a complex and very specialized area of the law. As a result, an on-the-job injury claim can be a very frustrating and overwhelming process. That is why injured workers in Jackson and throughout Mississippi who hire us feel at ease: They know that an experienced workers’ compensation attorney is handling their claim.
If you have questions and/or would like to discuss representation, contact Arnold and Associates, LLC at 601-345-4355.