The commission will assign a workers' compensation judge to your case. The employer's insurance company will be notified and you will have the opportunity to provide a written response. Sometimes, claims are settled through negotiation during this time.
If no settlement is reached, an administrative hearing will be held in front of a workers' compensation judge. Both sides prepare pre-hearing statements for the judge. During the hearing, both sides present evidence, question witnesses and make arguments. The entire process from petition to the actual hearing may take months. The judge will make a ruling and mail a written decision.
Review By The Full Commission
If the judge's ruling does not go your way, the next step is appealing to the full commission. A petition for review must be filed within 20 days of the judge's decision. Both sides can submit written briefs to the commission arguing their position. The commission usually reviews the case and mails their decision. There is usually no hearing by the full commission, but they may decide to hold one if it is requested.
If the commission does not rule in your favor, you can appeal their decision in the state courts. An appeal must be filed with the commission within 30 days. Your case can then be heard by the courts, all the way up to the Mississippi Supreme Court.
Our attorneys will fight hard for a resolution of your claim that meets your needs. Most employers and insurance companies are only interested in paying you as little as possible. That's why we litigate most of the workers' compensation claims we handle. We know how the system works and the type of evidence judges and commissioners expect. And we know how to build cases that get the best results.
If you were injured in a workplace accident or were denied workers' compensation benefits, contact us online or call (601) 944-9588. We offer a free consultation.