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Workers Compensation

Chhabra & Gibbs, P.A. > Blog  > Workers Compensation (Page 4)

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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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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Is the nurse case manager allowed to come into the doctor’s visit with me in a workers compensation case?

Nurse Case Manager

In many workers compensation cases, the insurance company (who is not on your side) will hire a nurse case manager to be involved in management of your medical treatment.  Most nurse case managers are nice, compassionate, caring and will make an injured person feel good.  But one has to ask: are they on the side of the patient or on the side of the insurance company that is paying them?  A nurse case manager may be handy in scheduling appointments and keeping information flowing, but what happens when they meet with the doctor in private?  Are they trying to maximize...

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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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