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Blog – Chhabra & Gibbs, P.A.

Workers' Compensation & Personal Injury Information
Chhabra & Gibbs, P.A. > Blog – Chhabra & Gibbs, P.A. (Page 8)

Can I file a discrimination case in Mississippi?

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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My final workers comp hearing?

Workers Comp Hearing

What should I expect in my final workers comp hearing (I’m nervous and I have never been in Court before)? Mississippi Workers’ Compensation trials 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 introduced...

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Workers Comp injury benefits even if not on the job?

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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My Workers Comp deposition. What should I expect?

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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What should I ask my lawyer in the initial consultation?

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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Prepare for your initial meeting with your lawyer

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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My car wreck lawyers won’t take my Workers Comp case

Lawyers

I was in a car wreck on the job that is someone else's fault. I have a lawyer to pursue the person that hit me, but he won't take my workers compensation case. What can I do? You can have separate lawyers for both cases.  But generally, our firm recommends that you get one firm to represent you on both aspects of the cases.  The interplay between the two can be very complicated, but not all firms have experience in both areas.  However, it is ok to get a separate lawyer to make sure your rights are protected on your workers...

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Can I fire my attorney?

Fire Attorney

Yes, but be careful.  Lawyers are not magicians.  Sometimes people expect results that are impossible to deliver.  What you should expect from your lawyer is timely responses to your inquiries from the lawyer or properly trained staff and honest advice on the best way for your case to proceed. A few rules that you need to understand: 1.  Lawyers cannot speak to someone already represented by counsel. 2.  You can terminate your lawyer anytime, but you should make sure it is for a legitimate reason as opposed to unreasonable expectations on your part. 3.  Terminating a lawyer requires no special form.  It is as...

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Ex-spouse entitled to my workers comp benefits in my divorce?

spouse

Maybe.  It depends on the benefits at issue.  I recently had the opportunity to testify in chancery court about whether workers compensation benefits were marital assets to be equally split in the divorce.  Every case is different, but in this case, the husband had received weekly payments for a period of 4 years, some argued to be before the parties separated and some after.  Then well after the separation, the husband received a settlement package worth more than $300,000.  The wife wanted her share.  My testimony was that the settlement was intended for future lost wages and for future medical...

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Choose my own physician in a workers comp case?

Physician Doctor

YES, BUT be careful.  In Mississippi, after you have had a surgery or treated with the same physician for six months, you are stuck and you lose your choice.  This is critical because often insurance companies and employers will initially steer you to the doctors they know will be more on their side.  They just hope they can keep you there for six months before you find out you could have chosen your own doctor and never had to accept who they recommended for treatment to begin with. You do not have to sign a choice of physician form to get...

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