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Workers Compensation

Chhabra & Gibbs, P.A. > Blog Posts  > Workers Compensation (Page 8)

How To Prep For Workers Compensation

Prep

The reality tv show “Doomsday Preppers” is about families who are preparing for the end of the world.  Everyday ordinary people who believe that life as we know it will end due to earthquakes, nuclear war or cyber-warfare, or some other disaster.  What’s remarkable is that the preppers are prepared for catastrophes that may or may not ever happen. We can learn from the preppers.  Maybe we don’t need to prepare for global earthquakes, but the way preppers know exactly what to do in moments of crisis is something positive we can all apply in our own lives. At Chhabra and Gibbs,...

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I’m hurt but I want to Keep my Job

keep job

Unfortunately, many people who decide to hire a lawyer in a workers’ compensation case wait until something bad happens.  Quite often, people wait until they are terminated before seeking a free consultation.  This is a big mistake.  Unfortunately, in Mississippi, you cannot sue your employer for wrongful termination that arose out of a workers’ compensation claim.  There is some good news though.  If you get fired after a workers’ compensation injury, it provides you with valuable evidence to help make your claim for permanent disability but there are certain things that you must do to establish this claim effectively.  You...

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Can I choose my Own Doctor?

Physician Doctor

Yes, but hurry.  The recent change to the Workers’ Compensation Act takes away the right to choose your own doctor if you treat with the company choice for more than 6 months or if you have a surgery. Many times when people are hurt on the job, they are sent to the company doctor.  What people don’t realize is that they are entitled by law to choose their own physician and the company has to pay for it.  Companies will often ask you to sign a form saying that you accept the company doctor as your choice.  Signing this form is...

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How many weeks am I entitled to be paid if I get hurt at work?

Hurt on the job contractor

There are two types of disability payments, temporary and permanent.  The law allows up to 450 weeks of payments total up to the state maximum for the year of the injury.  The maximum for an injury occurring in 2013 is $202,104.  The benefits generally start as weekly or bi-weekly checks until the temporary period ends and the permanent period begins.  The change from temporary to permanent usually occurs when a person reached Maximum Medical Improvement (MMI).  This is normally determined by the treating physician when they feel that treatment has reached a plateau (unfortunately this does not always mean complete healing...

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Workers’ Compensation benefits. How Long and How Much?

Benefits

You are entitled to medical benefits immediately in Mississippi.  If you miss more than 5 days of work then you are also entitled to compensation benefits while you are off work.  You will generally be entitled to 2/3rds of your average weekly wage up to the state maximum for that year. The state maximum for an injury occurring in 2013 is $449.12.   Figuring out your average weekly wage is not always an exact science but it should be fair to the worker.  It includes wages, overtime, mileage, per diem’s, housing or any other form of compensation averaged over the previous...

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Hurt at Work and Company Doctor is Not Helping

helping laws

What do I do if I am hurt and the company doctor is not helping? First, you have a right to a choice of physician if you have not already made one, unless you treated with the company choice for more than 6 months or had a surgery.  Miss. Code Ann. § 71-3-15 requires an employer to furnish any and all medical treatment necessary for recovery of the work related injury.   As the injured employee, you have the right to accept the services of a doctor recommended by your employer; or you may exercise your right to select a competent doctor...

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Grease Spilled Slip on Floor From Employer. Can I Sue?

spilled

Spilled grease on floor from employer. I slipped and fell. I am hurting. Can I sue? No.  You have a workers’ compensation claim and a workers compensation claim only.  The law says this: § 71-3-9. Exclusiveness of liability The liability of an employer to pay compensation shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next-of-kin, and anyone otherwise entitled to recover damages at common law or otherwise from such employer on account of such injury or death, except that if an employer fails to secure payment of...

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Hurt While Working For A Subcontractor With No Insurance.

Hurt on the job contractor

I got hurt while working for a subcontractor. Come to find out, he did not have workers’ compensation insurance. Am I just out of luck? Not necessarily.  The law states: § 71-3-7 (6) In the case of an employer who is a subcontractor, the contractor shall be liable for and shall secure the payment of such compensation to employees of the subcontractor, unless the subcontractor has secured such payment. What this means is you go “up the chain” to whoever hired your subcontractor employer to see if there is coverage.  Sometimes there may be several subcontractors and contractors with coverage, and it will...

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Legislator Telling Truth On Workers Comp Laws?

helping laws

No, the new laws do not help the worker at all.  One major change that was made is a new law was written to say: § 71-3-7  In all claims in which no benefits, including disability, death and medical benefits, have been paid, the claimant shall file medical records in support of his claim for benefits when filing a petition to controvert. If the claimant is unable to file the medical records in support of his claim for benefits at the time of filing the petition to controvert because of a limitation of time established by Section 71-3-35 or Section 71-3-53,...

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When exactly are you entitled to Workers Compensation benefits

entitled truth wages

The technical law states that: § 71-3-7. Liability for payment of compensation (1) Compensation shall be payable for disability or death of an employee from injury or occupational disease arising out of and in the course of employment, without regard to fault as to the cause of the injury or occupational disease. An occupational disease shall be deemed to arise out of and in the course of employment when there is evidence that there is a direct causal connection between the work performed and the occupational disease. In English, what this means first and foremost is that fault is not an issue, and...

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