How to file a Mississippi Workers’ Compensation claim for your workplace injury?
To file a Mississippi Workers’ Compensation claim, you would need to file a Petition to Controvert (Form B-5,11) with the Commission. The Petition to Controvert can be found in the Forms section of the Mississippi Workers Compensation Commission website. You can also find the name and address of your employer’s insurance carrier under the Coverage Verification Inquiry link.
You have two years from the date of your injury to file the Petition but, this can be reduced to 1 year if your employer properly files a B-31 form. It is best to file the Petition sooner than later to ensure that you receive timely benefits and treatments or legal remedy for the issues that may arise in your claim.
Accurately list your injury details. Listing your injury details makes it harder for your employer to deny your claim. Important things to accurately list on the Petition include Date of injury; Description of injury and how it happened; Parts of the body involved or injured; Date you first notified your employer of your injury; Witnesses; Names and addresses of your physicians and hospitals with dates of medical treatment.
It is also important to list whether your medical treatment was paid for by your employer and whether you received compensation for your time off work that exceeded 5 days due to your injury. This gives your employer’s insurance company notice of unpaid benefits if your employer has failed to report the injury to their insurance company.
After your petition is received, the Commission will assign you to a worker’s compensation judge and inform your employer’s insurance company that you have filed a petition. There are many rules and different laws that must be followed. Dealing with the legal system on your own is never a good idea. While this blog is intended to help people understand some of the very basics of the process, the best way to file your claim is to get a really good lawyer.
If you or a loved one have questions about whether your work injury falls under the jurisdiction of the Mississippi Workers’ Compensation Commission, Chhabra & Gibbs, P.A. is here to help. Contact us at 601-948-8005 today for your workman’s compensation needs.
Consultation is free. Everything is confidential. There is no obligation. We have a team of lawyers and staff ready to guide you through this process and ensure your rights are protected.