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Blog – Chhabra & Gibbs, P.A.

Workers' Compensation & Personal Injury Information

Difference Between Federal and State Court

federal courthouse Jackson, MS

Federal Courts only have jurisdiction over personal injury claims when “diversity” between the parties exists.  Diversity is all about what state each party resides in.  Diversity jurisdiction exists where all defendants are from different states than all plaintiffs and the amount in controversy exceeds $75K. If a party on opposite side is from the same state, diversity is destroyed. However, persons on the same side may be from the same state.   If no diversity exists, then the case belongs in State Court. When filing a claim where diversity exists, state court is still a viable place for the injured person to...

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Hurt while working on the water

water longshore

In short, the name of an experienced attorney.  Injuries that occur at work for those men and women who work on or around the water can be broken into two classes of cases: Longshore and Jones Act.  Undoubtedly, you've seen attorneys advertise on television about Longshore and Jones Act cases, but what are they?  How are they different from one another?  More importantly, how do they affect you? The Longshore and Harbor workers' Compensation Act (Longshore for short) is a federal law that requires employers to purchase and carry workers' compensation insurance - the purpose of which is to ensure that...

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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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The Truth About Workers Comp

entitled truth wages

People are often worried about getting fired if they hire a lawyer (or even if they don’t) after having a work injury – so what’s true and what’s myth? First, Mississippi is an at-will employment state.  What that means is that an employer can terminate an employee for almost any reason, unless it deals with age, sex, race, etc.  Unfortunately a person can legally be fired just for the fact that they got injured at work. But when our firm’s employees get hurt on the job, we want them to get good treatment. That’s what good employers should do.  That’s why we...

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What is an Independent Contractor under Workers Comp?

Independent Contractor

What is an Independent Contractor under the Workers Compensation Act and how does it impact a claim? Miss. Code Ann. § 71-3-3 (r) states that  "Independent contractor" means any individual, firm or corporation who contracts to do a piece of work according to his own methods without being subject to the control of his employer except as to the results of the work, and who has the right to employ and direct the outcome of the workers independent of the employer and free from any superior authority in the employer to say how the specified work shall be done or what...

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“Wages” For Purposes of a Workers’ Compensation Claim

entitled truth wages

Miss. Code Ann. § 71-3-3 (k) states that  "Wages" includes the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of injury, and also the reasonable value of board, rent, housing, lodging or similar advantage received from the employer and gratuities received in the course of employment from others than the employer. The term "wages" shall not include practical training received by students of an educational institution as a part of such educational institution's curriculum. So why does this matter?  Every compensation benefit whether it be temporary or permanent or total...

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What is a “Disability” under the Workers Compensation Act?

disability

Miss. Code Ann. § 71-3-3 (i) states that "Disability" means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment, which incapacity and the extent thereof must be supported by medical findings. There are two types of disability: temporary and permanent.  There are also different levels for each: Partial or Total. Temporary disability in plain English means that you are unable to do your job while you are treating.  You may be completely unable to work at all or you may be able to work with an accommodation...

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