After a work-related injury in Jackson, Mississippi, employees have faith that their employers will cover their medical expenses. Nevertheless, this is not always the case. Many Jackson, MS employers and insurance companies are unaware of the complexities of the Mississippi workers’ compensation system. They will do everything possible to avoid paying out your claim. If this occurs, it is best to discuss your rights with the knowledgeable Mississippi workers’ compensation attorneys at Giddens Law Firm.
At Giddens Law Firm, we comprehend the workers’ compensation system, and our legal team can assist you in obtaining the necessary workers’ compensation benefits while you recover from your work-related injury. Moreover, if the accident was caused by a third party, our attorneys can manage the third party claim to ensure that you receive the maximum available compensation.
Who is Eligible for Workers’ Compensation Benefits in Jackson, MS?
According to the Mississippi Workers Compensation Commission, workers’ compensation offers insurance benefits to an employee that is paid for by their employer. No matter how slight the injury, as long as the accident occurred during the course and scope of your employment, you are entitled to these benefits. Also covered are occupational illnesses and work-related deaths.
Most employees are eligible for workers’ compensation benefits and employers with more than five employees are required to provide workers’ comp insurance. There are, however, exceptions. The following types of employees are not eligible:
Domestic and farm labor
Employees of non-profit fraternal, charitable, religious, or cultural organizations
Employees that are covered by federal compensation laws such as federal employees and certain transportation and maritime employments
Independent contractors are usually excluded from coverage; yet, there are special protections given to employees of subcontractors.
What Workers’ Compensation Benefits Are You Entitled to?
There are three basic benefits available for injured workers in Mississippi:
Medical Benefits
Any medical expenses that are the result of your on-the-job injury will be paid by workers’ compensation insurance. These include but are not limited to doctor visits, physical therapy, medication, medical equipment, and hospital stays. Unlike disability payments, medical benefits can last for the rest of your life. For example, after recovering from a back injury, you return to work. But, after a few weeks, your back still bothers you and you are unable to lift any heavy objects. Your doctor may prescribe physical therapy, which will be paid for by your employer’s workers’ compensation insurance. Even though it may be weeks or months after the accident, your injury can still be paid for by workers’ comp.
Disability Payments
If your injury requires you to miss time at work, you are entitled to temporary disability benefits that equal as much as two-thirds of your average weekly wage. Once you reach maximum medical improvement, as determined by your doctor, and are still unable to return to work, you may be eligible for either disability benefits.
There are three types of disability benefits you may receive:
Temporary Total Disability Benefits: You will receive this type of benefit if you are unable to work because of the injury. While you are out of work, you will receive approximately 66% of your salary. You can receive workers’ compensation benefits for a total of 450 weeks or until your doctor had determined you can return to work.
Permanent Total Disability Benefits: If you are unable to work because of the injuries, you may receive permanent total disability benefits. Like temporary total disability, you will stop receiving the benefits after 450 weeks and you will only receive two-thirds of your salary.
Permanent Partial Disability Benefits: Permanent partial disability benefits are used when you have reached your maximum medical improvement, but your injury will never heal. This benefit is available to those who suffered a life-changing injury, such as an amputation.
Death Benefits
If a loved one dies in a workplace accident, according to the workers’ compensation law, the surviving spouse and dependents will receive death benefits. These benefits are payable every two weeks for up to 450 weeks after the death. In addition, the employer or its workers’ compensation insurance company are obligated to pay up to $5,000 in funeral expense and provide a lump sum payment of $1,000 for the surviving spouse.
What is a Third Party Claim for Personal Injury in Jackson, Mississippi?
If a negligent individual caused your Jackson MS workplace injuries, you may be able to file a personal injury claim against that person. This is referred to as “third-party liability” — an individual or entity in Jackson MS that is separate from your employer that caused the accident.
Examples of third parties include Jackson MS contractors, subcontractors, equipment manufacturers, and drivers who caused a car accident.
The following is an example of a third party case our lawyers were involved in recently: A forklift was left on a construction site and that forklift was rented in an unsafe condition or improperly used. For men used the forklift and while it was fully extended over 35 feet in the air it tipped over and crashed. Workers’ compensation benefits paid for the medical bills and temporary or total disability of the survivors. However, issues against the contractor, subcontractors, heavy equipment rental agencies, or manufacturers had to be immediately investigated. Our personal injury lawyer was able to file a successful personal injury claim against the contractor for the accident.
It’s important to note that you are unable to sue your employer for a workplace injury. Although the employer may have violated federal or state safety regulations, they do not have to pay for their negligence.
How Can I Find the Right Workers’ Compensation Attorney?
When you are interviewing a prospective attorney or firm, ask the tough questions about whether this prospective firm has had success in the courtroom with workers’ compensation lawsuits. Get the attorney’s details such as where was the workers’ compensation case tried and what was the verdict was for their clients.
While every case is factually different, a workers’ compensation lawyer with experience in handling the type of case you have is a good place to start. What you have to understand when hiring a workers’ compensation attorney, you have to trust that the law firm will always put your interests first and keep you informed throughout the process.
Personal injury is what we have done for more than 20 years. We are not afraid to roll our sleeves up and handle tough cases for clients against big insurance companies with unlimited resources.
If you or a loved one has sustained a workplace accident and is having trouble with your workers’ compensation claim, our workers’ compensation lawyers will help you. With years of experience in worker injuries and workers’ compensation, we can help you through the complexities of a workers’ comp claim and help you with a third-party claim if necessary.
Time is often not on your side in injury cases; it is imperative you take immediate action as soon as possible. Please call our Jackson, MS workers’ compensation attorneys today for a free consultation at 888-335-2022.
Frequently Asked Questions About Workplace Injuries
What Should I Do After an Accident at Work?
You should promptly inform your supervisor or employer about the incident. Your employer will need to immediately notify the insurance company and/or the Mississippi Workers Compensation Commission, so the earlier you inform them, the better. You must notify your employer within thirty days of the accident. After the incident, you should complete a workplace injury report to document what transpired and the injuries you sustained.
After notifying your employer and completing a workplace injury report, ensure that a physician examines your injuries. Even if you feel normal immediately after an accident, you may have internal injuries that won’t manifest for hours or days.
Finally, the injured worker should consult with an experienced workers’ compensation attorney to discuss their options and potential obstacles.
Do I Require a Worker’s Compensation Attorney for My Claim?
Typically, workers’ compensation claims are processed routinely and without dispute. If your claim is being mishandled or denied in Jackson, Mississippi, you should consult with an experienced Mississippi workers’ compensation attorney to determine your next actions.
Can I Select My Own Physician?
According to Mississippi workers’ compensation law, you have the option of accepting medical care from a physician selected by your employer or choosing your own physician. Your physician can recommend one specialist. However, it is important to observe that your employer must approve any additional referrals.
What Happens If My Workers’ Compensation Claim Is Refused?
You have the option to file an appeal with the Mississippi Workers Compensation Commission if your claim is denied. Remember that you need evidence to establish that an accident at work caused your injuries. If you have received a denial letter, it is prudent to consult with a workers’ compensation attorney to determine your options.
What If the Accident Was My Fault? Can I Still Receive Assistance?
Yes. Mississippi’s workers’ compensation is a no-fault system. This means that if you were on the job at the time of the accident, you are eligible for workers’ compensation benefits, even if you were at fault.
Does Workers’ Compensation Cover Travel Costs?
Yes. According to the laws of Jackson, Mississippi, injured employees are entitled to reimbursement for travel expenses related to their on-the-job injury. In 2022, the mileage rate is $0.585 per mile.
Our Jackson Workers’ Compensation Attorney is Ready to Assist You
If you were injured on the job and are having trouble with your workers’ compensation claim, you should contact an experienced workers’ comp attorney in Jackson, Mississippi as soon as possible. Giddens Law Firm has been assisting injured Mississippi employees with their claims for two decades. We can counsel you on the next steps to take, represent you if your claim is denied, and assist you with a third-party claim against another party.
Never has time been on your side in a personal injury claim. You have a greater chance of recovering the utmost amount of compensation for your injury if you file your lawsuit as soon as possible. Contact Giddens Law Firm today for a free consultation with a Jackson workers’ compensation counsel. We are not paid unless we win your case.
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How Can We Help You with Workers’ Compensation Claims?
Dedicated Legal Support for Injured Workers
At Giddens Law Firm, we offer strong legal support to injured workers handling workers’ compensation claims. Our skilled attorneys in Jackson are ready to guide you through the injury claims process and help you get the benefits you need. We know that a workplace injury can be tough, so our law firm provides full legal services to help injured workers at every step.
Process of Filing a Claim in Jackson, MS
Filing a workers’ compensation claim in Jackson, Mississippi, has a few key steps. First, report your injury to your employer right away. Then, you must fill out the needed forms and send them to the right insurance company. Our Jackson workers comp attorneys can help you with the legal steps and make sure you get the compensation benefits you deserve. We work closely with both employees and insurance companies to make the process smooth and stand up for you.
Common Challenges and How We Overcome Them
Workers’ compensation claims often have common problems, like disputes with insurance companies or disagreements with employers about how bad your injuries are. At Giddens Law Firm, our legal team works hard to solve these issues. Our Jackson workers compensation lawyers provide strong legal support to deal with any disputes and protect your rights. From negotiating deals to representing you in court, we are dedicated to overcoming any issues that come up during the claims process.
Importance of Timely Filing
Filing your workers’ compensation claim on time is key to not missing out on benefits. In Jackson, MS, there is a statute of limitations that tells you how long you have to file a claim. Delays can mean losing your right to compensation. Our Jackson work comp attorneys stress the need for quick reporting and filing to secure your benefits. With our legal help, you can meet the filing deadlines and make sure your claim is handled quickly. Don’t let delays stop you from getting the compensation you deserve.
By choosing Giddens Law Firm, you have a dedicated team supporting you through every phase of your workers’ compensation claim.
Key Benefits of Hiring a Workers’ Compensation Lawyer in Jackson, MS
Maximizing Your Compensation
When you hire a workers’ compensation lawyer in Jackson, MS, you are more likely to maximize your compensation benefits. These attorneys understand the legal system and can help you get what you are entitled to. If you have injuries from a workplace accident, a lawyer can help you claim lost wages and other benefits.
Expert Navigation of Legal Procedures
Navigating the legal procedures in Jackson, MS, can be hard. A law firm with experienced lawyers can provide the legal advice you need. These professionals will handle your case from start to finish, making sure that every step of the process is done right.
Handling Insurance Companies on Your Behalf
Dealing with insurance companies can be stressful. In Jackson, MS, attorneys can handle insurers and your employer for you. With legal representation, your claim gets the protection it deserves, reducing the chances of being shortchanged by the insurance company.
Legal Representation During Disputes
If you’re involved in disputes related to compensation claims in Jackson, MS, having legal representation is key. Attorneys provide necessary help during litigation and defense services to protect your rights. Whether facing a lawsuit or seeking a fair settlement, a lawyer makes sure you get proper legal services.
Immediate Actions Following an Injury
If you experience a workplace injury in Jackson, Mississippi, it’s essential to take quick steps to protect your health and rights. First, get medical help right away. This is important even if the injury seems small because it might get worse over time. For any work-related injury, employees must inform their supervisors immediately. Quick action can provide the needed documentation and help stop more accidents.
Reporting the Injury to Your Employer
After ensuring your safety and receiving medical attention, the next step is to report the injury to your employer. Employees in Jackson, Mississippi should tell their employers about a work-related injury as soon as possible. Documentation of the incident is key. Workers need to give a timely notification to help insurance companies process claims efficiently. Reports can help create a safer workplace for everyone.
Gathering and Preserving Evidence
Collecting and keeping evidence after a workplace accident in Jackson, Mississippi is crucial to support your case. Start by documenting everything related to the injury. Take photos of the accident scene and any visible injuries. Gather witness statements and keep records of all correspondence with your employer and medical providers. An attorney can help you understand which pieces of documentation are most important to gather.
Seeking Medical Attention and Documentation
Seeking prompt medical attention is not only key for your health but also vital for documentation purposes. In Jackson, Mississippi, employees should visit a medical provider right after an injury. Keep detailed records of all treatments and doctor visits. Medical documentation serves as proof of the injury and can be important for future claims or legal actions. Make sure that all medical records and treatments are thoroughly documented by your doctors and other health providers.
Common Mistakes to Avoid in Workers’ Compensation Claims
Delays in Reporting the Injury
In Jackson, MS, one of the most common mistakes workers make after a workplace accident is delaying to report the injury. It’s important to inform your employer immediately about any work-related injury. Prompt reporting can help you get the compensation you’re entitled to. Waiting too long may result in the denial of your claim. Always report your injury as soon as it happens and seek legal advice if needed.
Incomplete or Incorrect Paperwork
Another frequent issue in Jackson, MS, workers’ compensation claims involves incomplete or incorrect paperwork. Insurance companies need accurate and complete documentation to process your claim. Filing incorrect paperwork can delay or even deny your compensation. Make sure all forms are filled out correctly and include all necessary documentation. If you’re unsure, getting legal services for filing your claim can be very helpful.
Not Following Medical Advice
It’s critical to follow medical advice after getting hurt at work. In Jackson, MS, workers’ compensation claims often get tricky when the injured worker doesn’t follow prescribed medical treatment. Ignoring doctor’s orders or missing medical appointments can make your recovery harder and affect your workers’ comp benefits. Always follow through with medical attention and recovery plans as outlined by your health care provider.
Handling the Claim Without Legal Assistance
Handling a workers’ compensation claim without legal assistance can be risky. In Jackson, MS, having a workers’ compensation lawyer can improve your chances of a successful claim. Attorneys and law firms offer expertise in navigating claims. They provide essential legal representation and help protect your rights. Consider getting legal help from professionals like Giddens Law Firm to handle your claims effectively.
Frequently Encountered Scenarios in Workers’ Compensation
Injuries Resulting from Repetitive Motion
Workers can often get injuries caused by doing the same motion again and again. These work-related injuries happen when a worker repeats the same movement, leading to strain and damage. Common examples include typing, using a mouse, or operating machinery.
In Jackson, Mississippi, these injuries are covered under workers’ compensation. Medical professionals can help treat these injuries, but sometimes legal assistance is needed to ensure fair compensation. Attorneys in Jackson, MS, specializing in work-related injury cases, can provide the necessary support.
Construction Site Accidents
Construction sites are places where accidents frequently occur. Injuries on construction sites can result from falls, being struck by objects, or equipment malfunctions. If you work in Jackson, MS, and you are injured at a construction site, it’s important to know your rights.
Workplace accidents at construction sites are covered by workers’ compensation. Employers are responsible for making sure the workplace is safe, but when accidents happen, injury attorneys in Jackson, MS, can help. Legal professionals can assist workers in getting the benefits they deserve.
Injuries Due to Faulty Equipment
Broken equipment can cause serious injuries in the workplace. A broken machine or defective tools can leave workers in Jackson, Mississippi, with severe injuries.
Victims of these workplace accidents might be entitled to workers’ comp benefits. It’s wise to contact a compensation lawyer who knows these cases well. Legal help from a trusted law firm can make a big difference in your claim.
Workplace Exposure to Harmful Substances
Exposure to harmful substances in the workplace can lead to serious health issues. Employees in Jackson, MS, might come into contact with dangerous chemicals, asbestos, or other toxic materials. Long-term exposure can cause chronic health problems.
If you suffer from workplace exposure, it’s important to seek both medical and legal help. Compensation attorneys in Jackson, MS, can help you file a workers’ compensation claim. Insurance should cover your medical expenses, but having legal support ensures all parts of your case are handled correctly.
For more information or legal help, consider reaching out to Giddens Law Firm. We are here to help you with your workers’ compensation claims.
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FAQs:
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Q: What types of cases does your firm handle?
We handle workers’ compensation cases, personal injury claims, social security disability cases, and lawsuits involving traumatic brain injuries.
Q: Do you offer free consultations for new clients?
Yes, we provide free consultations to discuss your case and potential legal options.
Q: Can you help with workman’s comp claims in Jackson?
Yes, we specialize in workman’s comp claims in Jackson and can guide you through the process.
Q: What if I’m an independent contractor, can I still file a workers’ compensation claim?
It depends on your employment status. We can look at your situation and give advice.
Q: Do you deal with cases from other states like Louisiana or Tennessee?
Yes, we handle workers’ compensation claims in states such as Louisiana and Tennessee.
Q: How do contingency fees work at your firm?
We operate on a contingency fee basis, which means we only get paid if you win your case.
Q: Can truck drivers file for workers’ compensation?
Yes, truck drivers can file for workers’ compensation. We have handled such cases before.
Q: What should I do if I have a personal injury claim?
Contact us right away to review your claim and discuss possible legal actions.
Q: Are you listed on directories like Yelp and Better Business Bureau?
Yes, you can find our positive reviews and ratings on Yelp and the Better Business Bureau.
Q: What damages can I recover in a workers’ compensation case?
You may recover medical expenses, lost wages, and rehabilitation costs.
Q: Do you represent clients in no-fault states like Michigan?
Yes, we do represent clients in no-fault states including Michigan.
Q: Can you handle cases involving catastrophic injuries like burns?
Yes, we have experience in handling catastrophic injury cases including burns.
Q: What do I need to start a workers’ compensation claim?
Contact us to start your claim. We will guide you through all steps and paperwork.
Q: What are your office hours and location details?
Our office is on Main Street in Jackson. You can call or visit our website for exact hours and directions.
Q: Do you offer legal services for other issues like criminal defense?
While we specialize in workers’ compensation and personal injury, we can refer you to trusted criminal defense attorneys.
Q: How can I reach you for a consultation?
You can reach us by phone or through our website to schedule a consultation.
Q: What if my employer denies my claim?
We can help you appeal the decision and fight for your rights.
Q: Do you handle cases for truck drivers involved in accidents?
Yes, we represent truck drivers in workers’ compensation and personal injury cases.
Q: Can you assist with Social Security Disability claims?
Yes, we can help you file and navigate your Social Security Disability claim.
Q: Are there any upfront fees for your services?
No, we work on a contingency fee basis, so you don’t pay unless you win.
Q: What should I do after getting injured at work?
Report the injury to your employer and seek medical attention. Then, contact us to discuss your case.
Q: How long do I have to file a workers’ compensation claim?
The timeline varies by state, but it’s best to file as soon as possible. Contact us to understand specific deadlines.
Q: Can you help with cases involving nursing homes?
Yes, we handle personal injury claims related to nursing home negligence.
Q: What if my injury was caused by a third party?
We can help determine if a third-party claim is viable in addition to your workers’ compensation claim.
Q: Do you assist clients outside of Jackson, such as in New Orleans or Cleveland?
Yes, we serve clients in various locations including New Orleans and Cleveland.
Q: Can I get unemployment compensation if I am injured?
It depends on your case specifics. We can review your situation and provide guidance.
Q: Do you have experience with traumatic brain injury cases?
Yes, we have represented many clients with traumatic brain injuries.
Q: Are your services available to truck drivers specifically?
Yes, we have experience representing truck drivers in various legal matters.
Q: Do you handle claims for children who are injured?
Yes, we can help with injury claims involving children.
Q: Can you help me if I’ve been denied Social Security Disability?
Yes, we can assist with the appeals process for Social Security Disability denials.
Q: Can I contact you online?
Yes, you can send us a message through our website.
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Key Insights
We offer expert services for independent contractors and truck drivers in Jackson, Mississippi.
We specialize in personal injury claims, including traumatic brain injuries, burn injuries, and catastrophic injuries.
We handle cases involving unemployment compensation, social security disability, and no-fault insurance claims.
Our team is experienced in criminal defense law, working as both a defense attorney and a criminal defense lawyer.
We serve areas like New Orleans, Charleston, SC, Cleveland, Ohio, Michigan, and California.
We provide legal help for accidents at places such as Jackson Park, the Gulf Coast, Mobile, AL, and Huntington Beach, CA.
We are experts in handling lawsuits with children, nursing home abuse, and slip and fall accidents.
We offer contingency fee arrangements, so you only pay if we win your case.
Our services are well-reviewed on platforms like Yelp and the Better Business Bureau.
Contact us for a free consultation via phone or on our website to discuss your case and possible settlements.
An unexpected and unfortunate accident can lead to difficult hurdles and challenges that you are unprepared to overcome on your own. You’ll be facing a huge financial debt and may not be able to work for a long time. Chances are the insurance company is not going to give you a settlement that will pay all the expenses. You may feel overwhelemed and stressed. What can you do to get the compensation needed to recover?
