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Blog Posts

Chhabra & Gibbs, P.A. > Blog Posts (Page 33)
10 March
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Fired While Being Treated for My Workers Comp

Posted by chhabragibbs
in Blog Posts, Workers Compensation
Fired

Yes. In the state of Mississippi, your employer can fire you while you are being treated for your workers’ compensation case.  Mississippi is an “at-will employment” state, which means that you can be fired for any reason.  In other words, you can be fired for misconduct or because the employer doesn’t like the color of your shoes.  You can even be fired for the mere fact that you made a workers compensation claim.  It is not fair.  But it is the law.  Our firm and many others have done their best, year after year, to get the legislature to change...

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19 February
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Congratulation to Rogen K. Chhabra

Posted by chhabragibbs
in Blog Posts, Firm Announcements, Rogen K. Chhabra
Congratulation Rogen Chhabra

Congratulation to Rogen K. Chhabra for receiving an award from The American Society of Legal Advocates for being a part of the Top 100 Litigation Lawyers In the State of Mississippi For the Year 2016. The American Society of Legal Advocates, ASLA, is an invitation-only, nationwide organization of elite lawyers in practice today. ASLA draws its membership from lawyers who combine stellar legal credentials with a proven commitment to community engagement and the highest professional standards. A team of lawyers spent six months researching tens of thousands of lawyers across the country and manually selecting less than 1.5% of all lawyers based...

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17 February
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How does the process work to apply for Social Security Disability?

Posted by chhabragibbs
in Blog Posts, Helpful Information, Social Security Disability - SSD
Process

  The first step to make is to apply for disability.  We can assist you in doing that by meeting with you and walking through the online application with you. The social security administration will then make a decision on your application.  Unfortunately, for the vast majority of people that means a denial. Once you are denied, you will need to timely appeal the decision. This step in the appeal process is called reconsideration.   If you have not already hired an attorney, this is the time that you need to do so.  Please also make sure that you do so immediately, so that...

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08 February
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Legal for insurance co. to do surveillance on me?

Posted by chhabragibbs
in Blog Posts, Workers Compensation
Surveillance

Yes it is legal as long as done peacefully without harassment.  After an injury, you should always consider the possibility you may be under surveillance.  Be careful not to violate your doctor restrictions, unless you want to see yourself on camera doing something that you and your doctor said you couldn’t do.  After you have been injured on the job, your doctor should tell you what activities are safe to do and what activities will aggravate or worsen your injury.  If your doctor has not told you what your restrictions or limitations are, or your current work status, talk to...

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01 February
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Can I file a discrimination case in Mississippi?

Posted by chhabragibbs
in Blog Posts, Helpful Information, Workers Compensation
Discrimination

Although Mississippi is an at-will state (meaning an employer can fire you for almost any reason), it is unlawful for your employer to discriminate against you based on your religion, sex, race, national origin or disability.  In addition, your employer cannot retaliate against you for engaging in a protected activity or reporting illegal conduct to the proper authorities. If you have experienced any of the above, you should immediately contact the Equal Employment Opportunity Commission (EEOC) and file a charge of discrimination against your employer. You only have 180 days from the act of discrimination in order to file the charge...

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29 January
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My final workers comp hearing?

Posted by chhabragibbs
in Blog Posts, Helpful Information, Workers Compensation
Workers Comp Hearing

What should I expect in my final workers comp hearing (I’m nervous and I have never been in Court before)? A Mississippi Workers’ Compensation hearing are not like the trials you see on Law and Order.  There is no jury and no audience.  There are usually just a few people in a small room.  Just a judge, you, your attorney, a representative of your Employer, and your Employer’s attorney will attend the hearing.  Sometimes, there may be witnesses there who know something important about the case.  Doctor’s usually give their testimony through their records or a deposition transcript which can be...

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27 January
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Workers Comp injury benefits even if not on the job?

Posted by chhabragibbs
in Blog Posts, Workers Compensation
Benefits

Yes, so long as you were in the scope of employment.  Scope of employment generally means that you were doing something that would benefit your employer.  In Mississippi there have been cases where even a lunch hour or break would count as being within the scope of employment, depending on the specific circumstances  The law in Mississippi states that as long as the injury “arises out of” and occurs within your “course of employment,” you are entitled to benefits.  For example, if an employee is a traveling salesperson and is injured in the hotel where he or she is staying...

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25 January
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My Workers Comp deposition. What should I expect?

Posted by chhabragibbs
in Blog Posts, Workers Compensation
Deposition

In most workers’ compensation cases where the Petition to Controvert has been filed, the Employer and its Insurance Carrier will ask to take the deposition of the Claimant (the injured worker).  Depositions are simply a question and answer session that take place while sitting around a table in your attorney’s office.  They are usually very relaxed and conversational, but they are under oath, so the truth is paramount.  The attorney for the Employer and Carrier just needs to find out certain information relevant to your case so that they can report back to the insurance adjuster.  It is one thing...

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08 December
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What should I ask my lawyer in the initial consultation?

Posted by chhabragibbs
in Blog Posts, Helpful Information
Consultation

With lawyers asking many of the questions during the initial consultation, clients sometimes forget to ask questions that would like to know about the lawyer or upcoming case. Here's a list of questions you should ask your lawyer: 1-Will you always be honest with me about my case and not just tell me what I want to hear? Honesty between the lawyer and client is imperative.  A lawyer needs to be able to trust his client and the client needs to know he can trust the lawyer 2-How long will it take my case to settle or reach trial? Depending on the...

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24 November
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Prepare for your initial meeting with your lawyer

Posted by chhabragibbs
in Blog Posts, Helpful Information
Prep

It is always best to be prepared to meet with your lawyer. You should bring with you all documents you have that may be relevant to the potential case or issue you will be discussing with your lawyer.  You will want to let your lawyer review them to determine whether they are relevant to the case. If you have a timeline intensive case, it will be extremely helpful to write down or type out a chronological timeline of events in your case. If you have seen any doctors related to your case, you should bring a list of those doctors and, if possible,...

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