Gulfport Workers’ compensation Lawyer
Do I Need a Workers’ Comp Attorney in Gulfport, MS?
Navigating the complex claims process for workers’ compensation in Gulfport can be difficult if you have been injured on the job. Here, the experience of a Gulfport workers’ comp lawyer is crucial. As experts in Mississippi workers’ compensation laws, our workers’ compensation attorneys are dedicated to fighting for the rights of injured workers. We can help you if you face resistance from the insurance company, are unsure of the filing process, or want to receive fair compensation for an injury.
What Benefits Can I Receive for Workers’ Compensation?
- Medical costs
- Lost wages
- Rehabilitation costs
- Costs of a permanent disability
- If the victim dies, their family will receive death benefits
Medical Benefits
The employee has the right to receive whatever medical treatment is “reasonable” and “necessary” to help them recover and treat their injury. Workers’ compensation includes:
- Hospitalization
- Exams by doctors
- Nursing services
- Medication
- Physical Therapy
- Assistive devices such as crutches, wheelchairs, or walkers
Doctors’ visits are eligible for mileage reimbursement.
According to Mississippi Code SS71-3-17, there is a limit for the duration of a wage loss allowance and a maximum amount. Both are specified in Mississippi Code, SS 71-3-17.
The benefits may be referred to as “temporary disabilities” or “permanent disabilities,” if the doctor determines after maximum medical improvement that an employee is permanently handicapped.
You may benefit from speaking with a Gulfport worker’s compensation attorney if there is any doubt about whether you are still disabled after you have reached maximum medical improvement.
Death Benefits
The workers’ compensation laws guarantee benefits to the surviving spouse or dependents of an employee who died due to their serious injuries. The payments can continue for up to 450 weeks after the death of the employee.
Benefits are based on a percentage up to a limit of the employee’s wage. Insurance companies are also required to cover funeral and burial expenses up to $5,000 as well as $1,000 lump sum to the surviving spouse.
Common Causes of Liability in Workplace Accidents
- Overexertion
- Contact with equipment and objects
- Slips and falls
- Tools, machines, and equipment that malfunctions
- Electrocution
- Burns caused by chemical, thermal and electrical sources
- Poisonous fumes
- Defective products
According to Bureau of Labor Statistics, 40% of all work-related deaths are caused by transportation accidents.
What Occupations Have the Highest Number of Workplace Accidents?
All industries are not equal when it comes to workplace injuries. Our Gulfport workers’ compensation attorneys see five different occupations.
- Firefighters and police officers are among the service workers
- Transport and shipping workers
- Employees in manufacturing and production
- Employees in the field of installation, maintenance and repair
- Construction workers
You may be eligible for compensation if you are employed in any of the industries listed above, or another industry that is not included.
Can I Sue My Employer For an Injury Sustained at Work?
Mississippi does not permit workers to sue their employer if their negligence contributed to their accident. Workers must use the workers’ comp system to get compensation for medical expenses, treatment, lost wages, etc. There are some situations where you can file a personal lawsuit in addition to your worker’s compensation claim.
- If you have a work injury and a defective third-party product was the cause
- You may be entitled to compensation if you are involved in an accident with another driver while driving a company car
- You may be entitled to compensation if a third party’s negligence caused your work injury
What to Do If You Have Been Injured On the Job
Our Gulfport workers’ comp lawyers advise that if you suffer an injury on the job you should immediately contact your supervisor and us. The notice period is 30 days from the date of the accident. You will need your employer to contact the insurer immediately to recover benefits.
Insurance companies may deny claims if you fail to notify your employer of the injury or illness within 30 days, and your employer is unaware.
Workers’ compensation claims are subject to a statute of limitations. You will lose your right to receive benefits if you do not file your claim within the two-year window following the date of the accident or onset of illness.
Workers’ Compensation Denial Reasons
Gulfport’s workers’ compensation system is based on a “no-fault” model. You can claim benefits even if you are responsible for the injury. There are limitations to this. Insurance companies may refuse to pay out if they believe that the injury was caused by horseplay. The injury must be a result of you carrying out your job duties. A claim that an injury was caused by intoxication or drugs could also justify a denial.
A common reason why a workers’ compensation claim is denied is because the injury did not occur as a result of your job. This is particularly relevant if a claim for workers’ compensation involves a particular disease. Insurance companies may claim that an accident occurred when a worker was not on the clock, or while they were walking back to their vehicle after a shift. Giddens Law Firm can identify the reason why workers’ compensation benefits are denied and obtain evidence to refute these allegations.
You do not have to accept a denied workers’ compensation claim. Every worker has a right to appeal the denial.
Mississippi Workers’ Compensation Commission supervises the appeals procedure. An employee can appeal a decision by completing Forms B-5,11 and submitting it within two years of the date that an illness or injury rendered you unable to perform your job. The Commission will schedule an official hearing when it receives the form.
Call a Gulfport Workers’ Comp Attorney Today
Each employee in Gulfport is entitled to compensation if a workplace illness or injury affects their ability to earn a living. These can include medical costs, compensation for temporary disability, and payments to compensate for total disability. Unfortunately, some insurance companies or employers refuse to pay these benefits. You have the right, if they refuse to provide these benefits, to contest this decision.
At Giddens Law Firm, our Gulfport workers’ compensation lawyer can help. Contact our workers’ compensation lawyer today for a free consultation.
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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 overwhelmed and stressed. What can you do to get the compensation needed to recover?
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