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Workers Compensation

Chhabra & Gibbs, P.A. > Blog Posts  > Workers Compensation (Page 2)

Airport Employee Killed

airport employee killed

Tuesday evening an airport employee was killed at the Louis Armstrong New Orleans International Airport Tuesday evening. The incident happened around 10:20 P.M. according to USA Today while the employee was unloading baggage from a Frontier Airline and her hair was caught in the bel loader. Unfortunately, work-related injuries happen every day especially when machinery is involved. Most are just minor injuries, but many end up serious if not deadly. The Bureau of Labor Statistics reported that in 2020 there were 2.1 million non-fatal workplace injuries. While this number seems to decrease from previous years the number is still extremely high. When...

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How long can you collect worker’s comp?

collect worker's comp

The amount of time that you can collect worker’s comp depends on the injury. Disability benefits are based on two thirds of your average weekly wage subject to the maximums set forth by the worker’s comp commission. Max rate for 2022, is $551.02 a week. If your worker’s comp doctor takes you off work for longer than 5 days, you are entitled to temporary total disability (TTD) benefits until your doctor returns you to work. You can get up to 450 weeks of temporary (partial or total) disability payments. Once the doctor finds you have reached maximum improvement, additional wage loss benefits...

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We recently settled a claim for $85,000.00 and we used a special tool to do it. Mediation. Mediations are an effective way to resolve issues and settle a claim for max dollar, while allowing both parties to be transparent with one another. Though not every mediation will resolve the claim, it is sometimes a worthwhile step to try and reach resolution. What is a mediation? Simply put, mediation is a meeting where the parties agree to meet with an agreed upon, impartial experienced independent lawyer to assist in negotiation of the claim. Nobody HAS to resolve anything, but mediations often...

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Can I get Lost Wages for the Time I’m Hurt?

lost wages

The number one question I’m asked as a workers’ compensation attorney is “can I get my lost wages for the time I missed from work?” The short answer is yes. Mississippi’s legislature created part of our statute to help injured workers replace their wages after they get hurt and miss work. These wage loss benefits are what an injured worker is entitled to while they are under the care of a doctor. These benefits are commonly known as “temporary total disability” benefits or “TTD” for short. The TTD benefits mentioned above are not paid at the injured workers full wages. Rather,...

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Oil Tank Explosion in Madison County Injures 6 People

Oil Tank Explosion

Early Friday morning WAPT reports of a large oil tank explosion near Kearney Park in Madison County. Officials say the explosion happened around 8 A.M. severely injuring 2 with burns on 50% of their body and sending 4 others to the hospital with injuries. It is still not clear as to what caused the explosion, but fire crews are staying on seen during the investigation. This particular accident raises some issues that many people don’t know much about. The only remedy against the employer is workers compensation. However, if someone besides the employer was at fault, the workers can file a...

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Common Workplace Injuries

Workplace Injury

There are thousands of workplace injuries every year, many of them serious. Each job comes with its own individual hazards and risks. It is as much the employer’s responsibility to ensure proper safety and health procedures are followed as it is the employees. The most common accidents in the workplace include: Slips, trips, and falls: Whether you work in a shop, office, or factory, you’re likely to encounter slippery surfaces at some point. For builders who rely on ladders and other platforms, falling from height can be very dangerous. Strained muscles: Common workplace injury for those who regularly lift heavy items. Strained...

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What am I entitled to under Mississippi Workers’ Compensation Law?

Mississippi Workers' Compensation Law

Under Mississippi Workers’ Compensation Law, businesses that have five or more employees are required to carry workers’ compensation insurance coverage. What does that mean to the average worker who is employed by these businesses? As a general rule, if you are injured while working or as a result of a hazard of the job (whether you are on the clock or not)– your injury should be covered by your employer’s workers’ compensation insurance. There are some exceptions to this rule, but we will save that topic for a future blog post. Let’s talk about what you are entitled to when...

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What to do after injured at work

Injured at Work

In Mississippi roughly twelve thousand (12,000) people are injured at work every year. These injuries fall under the purview of the Mississippi Workers’ Compensation Commission, which apply the laws of the Mississippi Workers’ Compensation Act to the particular facts of the injured person’s claim. So, what do you do if you are one of those 12,000? Your employer should have a policy for dealing with workplace injuries, but you should always make sure to inform your direct supervisor and/or H.R. about the injury. Thereafter, you should fill out and sign a “First Report of Injury” form, which lets the Commission know...

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How to file a Mississippi Workers’ Compensation claim for your workplace injury?

How to file workers comp claim

To file a Mississippi Workers’ Compensation claim, you would need to file a Petition to Controvert (Form B-5,11) with the Commission. The Petition to Controvert can be found in the Forms section of the  Mississippi Workers Compensation Commission website. You can also find the name and address of your  employer’s insurance carrier under the Coverage Verification Inquiry link. You have two years from the date of your injury to file the Petition but, this can be reduced to 1 year if your employer properly files a B-31 form. It is best to file the Petition sooner than later to ensure that...

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Can independent contractors get paid for work injuries in Mississippi?

Work injuries in Mississippi

Mississippi Workers’ Compensation laws generally mandate that an employee who has been hurt at work is entitled to financial compensation for their injury. While this law seems simple enough, many claims – and thereby lives – hinge on a pivotal question: am I an employee? While most people think they know their employment status; many claims are denied on this basis. For the first time in your career, your employer is now calling you an “independent contractor.” Convenient timing. Unfortunately, independent contractors are not generally entitled to the same protections under the statute. But don’t get upset too fast. Independent...

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