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Amanda G. Fritz

Chhabra & Gibbs, P.A. > Blog  > Amanda G. Fritz (Page 2)

Can I be fired while being treated for my workers compensation case?

Fired

Yes. In the state of Mississippi, your employer can fire you while you are being treated for your workers’ compensation case.  Mississippi is an “at-will employment” state, which means that you can be fired for any reason.  In other words, you can be fired for misconduct or because the employer doesn’t like the color of your shoes.  You can even be fired for the mere fact that you made a workers compensation claim.  It is not fair.  But it is the law.  Our firm and many others have done their best, year after year, to get the legislature to change...

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Legal for insurance co. to do surveillance on me?

Surveillance

  Yes it is legal as long as done peacefully without harassment.  After an injury, you should always consider the possibility you may be under surveillance.  Be careful not to violate your doctor restrictions, unless you want to see yourself on camera doing something that you and your doctor said you couldn’t do.  After you have been injured on the job, your doctor should tell you what activities are safe to do and what activities will aggravate or worsen your injury.  If your doctor has not told you what your restrictions or limitations are, or your current work status, talk to...

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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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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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