Magee Workers' Compensation Lawyer

How Does Workers' Compensation Work in Mississippi?

Workers' compensation is a type of insurance that provides wage replacement and medical benefits to employees injured during work hours in exchange for mandatory relinquishment of the employee’s right to sue their employer for negligence. In Mississippi, employers must have workers' compensation insurance if they have five employees or more. They must also have workers' compensation insurance if they have one or more employees who work with or around hazardous materials.

Workers' compensation is a no-fault system, meaning that employees do not have to prove that their employer was negligent in order to recover benefits. However, there are certain requirements that must be met in order to qualify for workers' compensation benefits. Our Magee workers' compensation lawyer can help you understand your rights and guide you through the claims process.

Call 'MAGGIO LAW at (601) 265-6869 or contact us online to schedule a free consultation with our workers' compensation attorney in Magee, MS.

How Long Do You Have to File a Workers' Compensation Claim in Mississippi?

In Mississippi, employees must notify their employer of a work-related injury within 30 days. Employees must also file a workers' compensation claim with the Mississippi Workers' Compensation Commission within two years of the date of injury or the date they became aware of the injury. If the employee died as a result of the work-related injury, the claim must be filed within two years of the date of death. If the employee suffered an occupational disease, the claim must be filed within two years of the date the employee became aware of the disease.

Can You Sue Your Employer for a Work Injury in Mississippi?

As mentioned above, workers' compensation is a no-fault system. This means that employees are generally barred from filing a lawsuit against their employer for a work-related injury. However, there are exceptions to this rule that allow employees to sue their employer for a work injury. If the employer does not have workers' compensation insurance as required by law, the employee may be able to sue the employer for a work-related injury. Additionally, if the employee can prove that the employer intentionally injured the employee, the employee may also be able to sue the employer for a work injury.

How Long Does Workers' Comp Last in Mississippi?

Workers' compensation benefits in Mississippi are generally paid until the employee is able to return to work. However, there are some exceptions to this rule. If the employee can return to work but can only earn a fraction of their pre-injury wages, the employee may be entitled to partial disability benefits. These benefits are usually paid for a maximum of 450 weeks. If the employee is permanently and totally disabled, the employee may be entitled to permanent total disability benefits. These benefits are usually paid for the duration of the employee’s life.

What Are the Common Types of Workers Compensation Benefits in Mississippi?

There are four types of workers' compensation benefits available in Mississippi: medical benefits, temporary total disability (TTD) benefits, temporary partial disability (TPD) benefits, and permanent total disability (PTD) benefits.

The following is a brief overview of each type of benefit in Mississippi:

• Medical benefits: Workers' compensation in Mississippi covers the costs of medical treatment for work-related injuries. This includes the cost of doctor visits, hospital stays, surgeries, medications, and medical devices. Employees can also be reimbursed for the cost of travel to and from medical appointments. There is no maximum limit on the amount of medical benefits that can be paid.
• Temporary total disability (TTD) benefits: Employees who are unable to work for more than five days due to a work-related injury may be entitled to temporary total disability benefits. These benefits are generally paid at a rate of two-thirds of the employee’s average weekly wage. The benefits are usually paid until the employee is able to return to work.
• Temporary partial disability (TPD) benefits: Employees who are able to return to work but can only earn a fraction of their pre-injury wages may be entitled to temporary partial disability benefits. These benefits are generally paid at a rate of two-thirds of the difference between the employee’s pre-injury wages and post-injury wages. The benefits are usually paid for a maximum of 450 weeks.
• Permanent total disability (PTD) benefits: Employees who are permanently and totally disabled as a result of a work-related injury may be entitled to permanent total disability benefits. These benefits are generally paid at a rate of two-thirds of the employee’s average weekly wage. The benefits are usually paid for the duration of the employee’s life.

What Injuries Are Not Covered by Workers' Compensation in Mississippi?

Most work-related injuries are covered by workers' compensation in Mississippi. However, there are some exceptions to this rule. Injuries that are self-inflicted are generally not covered by workers' compensation. Injuries that are intentionally caused by the employee are also not covered by workers' compensation. Injuries that are caused by the employee’s intoxication are also not covered by workers' compensation. Injuries that are caused by the employee’s violation of a safety rule are also not covered by workers' compensation.

Do I Need a Workers' Compensation Lawyer in Magee?

Although you are not required to have a workers' compensation lawyer to file a claim, it is highly recommended. The workers' compensation claims process is complex and can be difficult to navigate, especially if you are recovering from a work-related injury. Our Magee workers' compensation attorney can help you file a claim and fight for the benefits you deserve. We can also help you file an appeal if your claim is denied.

If you were injured at work, call (601) 265-6869 to speak with our team. We offer free initial consultations.