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Understanding Your Rights After a Workplace Accident in Mississippi
Injuries from a workplace accident can significantly impact an employee’s financial stability, physical well-being, and quality of life in general. In Mississippi, injured workers are covered by worker’s compensation laws. The laws provide a safety net, ensuring injured workers receive benefits to cover lost wages and medical expenses.
In some cases, however, a personal injury claim may include more than seeking workers’ compensation. In this article, you will learn more about the relationship between Mississippi workers’ compensation claims and personal injury lawsuits. It will help you understand your rights and options in a workplace accident.
An Overview of Workers’ Compensation
The workers’ compensation is a state-mandated insurance that benefits workers who suffer work-related injuries. In Mississippi, workplaces with over five employees must have a workers’ compensation insurance. The insurance provides covers for medical expenses. Rehabilitation costs. And part of the lost wages for the injured employee.
Workers’ compensation is a no-fault cover, which means that even if the employee’s actions led to the injury, they are still entitled to the benefits. However, there are specific requirements that must be met before applying for workers’ compensation.
Section 71-3-35 of the Mississippi workers’ compensation law states that the injured party must notify the employer within 30 days. Further, the employee has two years to file a claim.
Workers’ Compensation Benefits
In Mississippi, injured employees are eligible for the following benefits:
- Medical Care
The workers’ compensation covers reasonable and necessary medical expenses resulting from workplace injury. These include doctor visits, medications, hospitalization, and rehabilitation services.
It is important to note that one can only file a compensation claim if the accident happened when in the line of duty. Injuries and illnesses that did not arise out of and in the cause of your employment are not covered by this insurance. For instance, injuries that occur while you are traveling to and from work are not compensable. Exclusion to this is when the employer provides the means of transportation.
- Wage Replacement
If you suffer from temporary disability as a result of an injury at the workplace, you may be entitled to receive a portion of your lost wages during the recovery period. This is a percentage of the worker’s average weekly wage—usually two-thirds of the average weekly salary for a maximum of 450 weeks.
- Permanent Disability
In cases when the injury causes permanent disability or impairment, the worker is compensated for the loss of earning capacity. They are given two-thirds of the average weekly wage for a maximum of 450 weeks.
- Death Benefits
In case of death, a payment is made to the surviving spouse and certain dependents. Furthermore, you are eligible to receive $5,000 in funeral costs if you succumb to work-related illnesses or injuries. A personal injury attorney can help you to navigate the system faster and ensure you get the compensation you deserve.
Employer Obligations
As per the workers’ compensation law, employers, too, have obligations that must be fulfilled. As an employer, you must:
File a statement with the Mississippi Workers’ Compensation Commission within ten days if the employee has missed five days of work.
Employers with five or more workers must provide all workers with workers’ compensation with limited exceptions.
Personal Injury Claims at the Workplace
Although the workers’ compensation is designed to offer prompt benefits to injured employees, it may not compensate for all damages. Sometimes, there is a need to file a personal injury lawsuit against a third party.
Usually, personal injury claims are filed as a result of negligence by a third party other than colleagues or the employer. For instance, if the injury or illness is caused by defective equipment or product, you can file a personal injury lawsuit against the supplier or manufacturer.
There are some key differences between personal injury and workers’ compensation claims. The differences are:
- Damages
The workers’ compensation provides benefits for lost wages, medical expenses, and disability. However, it doesn’t compensate for pain and suffering or emotional distress. In a personal injury claim, one can seek compensation for all damages applicable, including physical and emotional pain and suffering.
- Fault
Workers’ compensation is a no-fault cover system. Thus, workers are entitled to the benefits regardless of who caused the injury. On the other hand, personal injury claims must identify a fault and prove it. You must show how the third party’s negligence or wrongdoing resulted in the injury.
Consult with a Mississippi Personal Injury Lawyer
Filling out worker’s compensation and personal injury claims can be complicated, especially when navigating the legal system while recuperating from injuries. Seeking the help of a professional personal injury lawsuit lawyer with experience in workplace accidents is vital. They will assess the circumstances of your case, come up with the best course of action, and ensure your rights are protected in the course of the legal process.
Contact the Morgan Law Group today for all cases of workplace accidents. The law firm consists of highly skilled professional lawyers. They will take you through the process of filing your workers’ compensation claim and ensure that you are rightfully compensated. They will also make sure that you comprehend your rights and ensure that they are protected.
When you get injured at your workplace, you must know your rights and what options you have. The Workers’ compensation in Mississippi provides a safety net for injured workers. It ensures that they receive the right amount of medical and lost wages compensations.
In other cases, one may be required to file for a personal injury claim, which involves a third party. Identifying the difference between a workers’ compensation claim and a personal injury claim can help you make informed decisions about your legal options.
If injured at your workplace, consult with an injury lawyer. They will offer guidance through the intricacies of filing for compensation. They will educate you on your rights and also ensure that you get befitting compensation. Do not hold back when you can get the help you need from a professional.
