FAQ About Mississippi Workers’ Compensation
Experiencing a workplace injury can be stressful, especially when it impacts your ability to earn an income. Workers’ compensation is designed to provide financial support and help you manage medical costs while you recover. To help clarify some common concerns, we’ve answered several frequently asked questions about workers’ compensation in Mississippi.
What is workers’ compensation?
Workers’ compensation is an insurance program that provides financial assistance to employees who are injured on the job. It helps cover medical expenses and lost wages, offering a quicker and often simpler solution than pursuing a lawsuit. By carrying workers’ compensation insurance, employers can also reduce the risk of legal action related to workplace injuries.
Who is required to carry workers’ compensation in Mississippi?
In Mississippi, all companies, businesses, and organizations with at least five employees must carry workers’ compensation insurance. If a small business has less than five regular employees, they are not required to carry workers’ compensation insurance. Instead, they can voluntarily choose to provide their employees with this type of insurance, or they can opt out.
What does workers’ compensation insurance cover?
Each state has its own rules and guidelines when it comes to workers’ compensation insurance. In Mississippi, this type of insurance covers medical bills, disability benefits, funeral and burial expenses, and ongoing rehabilitation and care. However, in order to qualify for Mississippi workers’ compensation, you must be able to successfully prove that your injury or illness occurred while carrying out your work-related duties.
Do employees pay for workers’ compensation coverage?
No, employees do not pay for workers’ compensation coverage. Employers are required to purchase it through their insurance company or a state program. Therefore, employees do not have to pay anything to have workers’ compensation coverage. If they become harmed on the job, they can file for workers’ compensation to help them financially get by during this challenging time.
What if my employer is refusing to file my workers’ compensation claim?
It is not uncommon for employers to refuse to file an employee’s workers’ compensation claim. There may be several reasons why they are refusing. For example, they may not believe that the injury happened at their workplace, or they may be trying to avoid having their insurance premiums increase. Regardless of the reason, the employee has rights and can hire a Mississippi workers’ compensation attorney to help them collect strong and convincing evidence to prove their workplace injury and fight for the workers’ compensation that they deserve.
Can I file a workers’ compensation claim for a mental health condition?
Yes, you can file a worker’s compensation claim for a mental health condition as long as you can prove that it was caused by your job. For example, if you developed severe depression or a stress disorder from working outside in the heat for long periods, you may be able to file for workers’ compensation. However, remember that these types of conditions are much more difficult to prove than physical injuries.
Can I choose my own doctor for a workers’ compensation claim?
Your employer or their insurance company will likely try to persuade you to see a doctor that they choose or prefer. However, in Mississippi, you do have the right to choose your own doctor. If you do go see the doctor that your employer or their insurance company chooses and do not agree with what they say, you can speak with your lawyer about other options.
What should I do if I am hurt at work?
If you are hurt at work, you should immediately report your injury to your manager or supervisor. You should do this as quickly as possible to ensure that your injury is known about and documented. While you have 30 days to make this report, it is strongly recommended that you do not wait the entire 30 days. If you put this off, your employer will likely make the argument that you were not injured on the job during the period that you said you were because they were not notified or made aware of your injury.
Can I still file for workers’ compensation if I made a mistake or error that caused the accident?
Yes, you can still file for workers’ compensation if you caused a work-related accident. Workers’ compensation is usually provided to employees regardless of any fault. However, keep in mind that your employer or their insurance company will most likely challenge your claim, stating that it did not happen at work or that it is not as extensive or severe as you stated.
How do I file or apply for workers’ compensation in Mississippi?
The process of filing or applying for workers’ compensation in Mississippi is easy. You simply notify your employer about your injury. Then, you notify the Mississippi Workers’ Compensation Commission. You should write a statement about your accident and injury on paper to ensure that it is made in writing. This ensures that there is no confusion or second-guessing about your accident and injuries, and you can make a copy of the statements for your records. You can also hire a workers’ compensation lawyer to assist you with making these statements in writing. They will make sure that all forms and documents are submitted on time.
What if my workers’ compensation claim is denied?
If your workers’ compensation claim is denied, you have the option of appealing the decision. However, in order to appeal, you will need to have much more compelling evidence to support your claim and prove your work-related accident and injuries. You must also show that these injuries have affected your ability to work. The appeal process can be very difficult, which is why you need an attorney by your side to guide you through every step along the way.
The Mississippi workers’ compensation lawyers at Merkel & Cocke, P.A. have represented injured employees for many years. Therefore, if you need assistance with your workers’ compensation claim, you can count on us to handle the ins and outs of your case, while you focus on healing and recovering from your injuries. We know and understand how complicated these types of cases can become, which is why we will do everything we can to ensure everything goes as smoothly and stress-free as possible. Call our office or submit our contact form to schedule a free consultation in Jackson, Clarksdale, Greenville, or Oxford today. We work with some of the best experts across the state, which will also benefit your case.
After graduating from the University of Virginia Law School in 1975, Mr. Cocke and Mr. Merkel established Merkel & Cocke, P.A. in 1982. Since that time the emphasis of Mr. Cocke’s practice has progressed toward medical malpractice. At the present time his practice is exclusively devoted to handling medical negligence cases for the plaintiff, either as a result of direct contact by the client or on referral from other attorneys who are not familiar with the handling of medical negligence cases. Mr. Cocke was selected Best Lawyer of the year for 2012 and 2014 in The Memphis area in the field of Medical Malpractice and has been selected a Best Lawyer and Super Lawyer every year since 2006. Learn more about John Hartwell Cocke here.