Frequently Asked Questions
How much can I collect in workers' compensation benefits?
That depends on many factors, including the amount of money you were earning and how long you are unable to work. Your wage loss benefits are generally two-thirds of your average weekly wages, up to a maximum amount set by law. The law also sets a maximum amount of total benefits you can receive. You can collect up to this amount or for 450 weeks, whichever comes first. But your employer and the insurance company can also challenge your claim, which could lead to a denial of benefits.
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Can I choose my own doctor?
Generally yes. In Mississippi, you have the right to choose your own doctor to treat your work-related injury, though you need to act early enough to do so. New laws in Mississippi have placed limits on the worker's time frame in which to choose a doctor. Any specialists you see must be referrals from this doctor.
Your employer or its workers' compensation insurance company may try to get you to sign a "choice of physician" form. This is a form that is sometimes used to get you to agree to accept the employer's or the insurance company's doctor as your own treating doctor. But you are not obligated to sign it. The insurance company will sometimes send a nurse who works for the insurance company to accompany you to your doctor appointments. You have the right to privacy and do not have to agree to allow the insurance company's nurse to be present during your examination.
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Can I still collect benefits if I caused the accident that left me injured?
Yes. Workers' compensation is a no-fault system. Generally, as long as you were injured while on the job, you are covered. It doesn't matter who caused the accident that led to your injury, even if you were to blame. But that doesn't mean you will automatically receive benefits. Employers and insurance companies often challenge your claim. They sometimes take the position that your injury was not work-related or question the extent of your injury. That's why you need an experienced workers' compensation attorney to fight for your right for benefits.
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Will I be reimbursed tor travel expenses?
Yes. Getting treatment for your work-related injury usually involves traveling to hospitals and doctor offices. The costs of travel can add up, particularly if you have a serious injury that requires extensive treatment over a period of months or longer. The workers' compensation insurance company should pay you for your travel expenses to and from medical providers. An attorney can make sure you receive proper compensation.
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What if my claim is denied?
If your initial claim for benefits is denied, you can appeal the decision to the Mississippi Workers' Compensation Commission. But you will need to prove that you are eligible for benefits by providing evidence of your work-related injury and the effect it has had on your ability to continue working. That's why having an experienced workers' compensation attorney on your side can make a big difference. The attorney can build a strong case and fight for you during all hearings in the appeals process, as well as at trial if the hearings don't go your way.
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What if I can't go back to my old job?
Some injuries leave workers permanently unable to return to the job they had been doing. In Mississippi, these workers are eligible for vocational rehabilitation services to help them find a new job. They are assigned a counselor, and may be eligible for training and education to help prepare them to work in a new field. There are also job placement services to help find a new job. An experienced attorney can fight to make sure you receive all the benefits you are eligible for to help you find employment.
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How long do I have to work at my job before I am eligible for benefits?
There is no minimum amount of time you need to be employed in order to be eligible for workers' compensation benefits in Mississippi after a work-related injury. You are eligible for these benefits on your first day of work. However, employers and insurance companies can and do challenge workers' compensation claims. They may suggest that your injury was pre-existing or that you weren't hurt that bad. That's why it's important to have an attorney who will fight for your right to benefits.
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Should I settle?
Disputes over workers' compensation benefits are often resolved through negotiation. The employer and insurance company engage in talks with the worker's attorney to agree on a settlement. However, these settlements don't always meet the needs of the worker. Our attorneys are only interested in what's best for our clients, not what is convenient for the insurance companies. That's why we fight so hard for our clients and litigate the majority of our workers' compensation cases. While many of the cases we handle are ultimately resolved through settlements, we will never agree to a settlement that is not in our client's best interest.
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