Who Gets Workers' Compensation?

In theory, any Mississippi worker who is injured while on the job is entitled to Mississippi workers’ comp benefits. Mississippi workers’ comp is considered a “no fault” insurance plan which falls under state laws. Even if it was your fault you were hurt at work, you are still covered under workers’ comp. The statutes passed by the Mississippi State Legislature in 1948 were meant to ensure injured workers in the state would receive benefits in the form of medical expenses and wage loss benefits. Nearly every person with a job in the state of Mississippi is covered under the state’s workers’ comp, however there are certain exceptions.

Exceptions to Employers Carrying Mississippi Workers’ Compensation

Any employer with five or more employees is required under the law to have workers’ compensation insurance coverage. For employers with fewer than five employees, it is not mandatory for the employer to carry workers’ comp coverage, however the employer can voluntarily provide the coverage. Other exempt employers include those who employ domestic laborers, farm laborers, or any employees of religious, cultural, charitable or non-profit organizations, although these employers may also provide workers’ comp insurance voluntarily. Federal employees, as well as specific maritime and transportation employees, are covered by federal workers’ comp statutes.

Workers’ Comp Rules in the State of Mississippi

You are entitled to workers’ comp if injured on the job, and, in some cases while driving to or from your job. Employees are covered as soon as they begin working for their employer, with no waiting period or minimum earnings requirements. If you are injured on the job at your workplace in Mississippi, you have only thirty days to report your injury, and it is critical that you not postpone reporting your injury. One of the most important rights you may have under the Mississippi workers’ comp rules is the ability to choose your own doctor or medical provider. Once that doctor is chosen, however, he or she can refer you to a specialist with no prior approval from the insurance company. Additional referrals will have to be approved by the insurance company.

What You May Be Entitled To Under Mississippi Workers’ Compensation

You should never have to pay any deductible for your medical benefits or any medical bill for that matter (unless your claim is denied). Under the Mississippi Workers’ Compensation Act, an employee may not be required to pay for any medical treatment related to the workplace injury. Medical payments will be made directly from your employer or its insurance company to your medical providers, and, if you are entitled to wage loss payments, those payments will be made directly to you, every 14 days, until such time as your doctor clears you to return to work. Your precise amount of wage loss payments will vary, however payments are usually 66 2/3rds of your average weekly wage, with a maximum weekly amount set by the Legislature. The amount of time you can receive workers’ comp benefits in the state of Mississippi is limited to no more than 450 times the maximum weekly amount established by the Mississippi State Legislature.

What to Do If Your Claim is Denied

It is important to understand that even if you have a pre-existing condition, this may not entitle the workers’ comp insurance company to deny your claim. If your injury occurred while you were on the job, your claim cannot be denied only on the basis of a pre-existing condition. Claims may also be denied to new hires, younger workers, or a worker who reported an injury which occurred on Friday the following Monday (Always report an injury immediately—don’t wait!).

Contact Our Mississippi Worker's Compensation Lawyers

If you have been denied workers’ compensation benefits after being injured on the job, or if you think your claim is being mishandled, it may be time to contact a Mississippi workers’ comp attorney who can review your case and determine the best way to proceed. Your attorney will understand that neither the insurance company nor your employer may have your best interests at heart, and will be your advocate for collecting the benefits you are due. At Coxwell & Associates, PLLC, our attorneys fight aggressively for injured employees and their families – to ensure that they receive the money they need to fully recover. Contact Coxwell & Associates today at 1-601-948-1600 or 1-877-231-1600.

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