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Blog – Chhabra & Gibbs, P.A.

Workers' Compensation & Personal Injury Information
Chhabra & Gibbs, P.A. > Blog – Chhabra & Gibbs, P.A. (Page 9)

Common Questions in Social Security Part One

Social Security

Can I receive disability if I have returned to work? Yes.  If you were disabled and unable to work for 12 months or more, you can apply for a closed period of disability for the time you were out of work.  A closed period of disability is for those individuals who could not work for a period of 12 or more months but recovered and were able to return to work. Can you receive social security benefits if you are only temporarily disabled? Yes.  See No. 1 above regarding a closed period of disability. How long does it take to be approved for social...

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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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Owner May Not Be At Fault From Slip and Fall

slip fall

Just because you slipped or tripped and fell on someone's property doesn't mean that they are automatically responsible for your injuries. In a slip and fall case, the law requires you to show that the business or property owner knew or should have known about the dangerous condition before the accident. If you are unable to show that the business or property owner knew or should have known about the condition on the property, your case can be dismissed. Proving that an owner should have known (i.e. had constructive knowledge) about a dangerous condition is usually difficult. In order to assist...

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How long do I have to wait to get workers’ compensation benefits after I have been hurt and how much should I be getting per week?

Benefits

You are entitled to medical benefits immediately.  If you miss more than 5 days of work then you are also entitled to compensation 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 year prior to...

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I was hurt at work and the company doctor is not helping. What are my rights?

helping laws

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 of your choice. The workers’ compensation carrier can force you to go to the doctor...

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Difference between federal and state court for my personal injury action?

federal

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. What do I need to know?

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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My employer accidentally spilled grease on the floor and I slipped on it. I am hurting a lot. Can I sue for pain and suffering?

spilled

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 compensation as required by this chapter, an injured employee, or his legal representative in case...

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