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Workers Compensation Tag

Chhabra & Gibbs, P.A. > Posts tagged "Workers Compensation" (Page 2)

How much is my workers compensation case worth?

Worth

This is one of the top questions we are asked every day.  There is no easy answer, because each case is different, and there are lots of different factors that play into the way the attorney values the case. The first thing that affects how much your case is worth is what body part you have injured.  Scheduled member cases such as arms, legs, fingers, toes, etc. are evaluated with a mathematical formula that factors in the amount of weeks assigned to each body part under Mississippi law, the person’s average weekly wage, and the impairment rating as assigned by their...

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How long will it take you to settle my workers compensation case?

Settle

Clients will ask me from time to time how long it will take to settle their workers compensation case.  There is no guarantee that a case will settle. Settlements involve two willing parties. If the insurance company is not willing to settle, only the workers compensation commission can decide if they owe you any money. So the question becomes, how can your attorney negotiate with the carrier to put money on the table as quickly as possible? There is more than one way to get your case settled, and not every attorney does it the same way. Our philosophy as...

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How Social Media Can Cause Harm To Your Legal Case

Social Media

For over a decade now, social media has become the norm on how we interact with each other on a daily basis. We post our favorite moments from our life on Instagram, Facebook, Twitter, Google+, YouTube, and Snapchat for all our friends and family to see as well as the public. While this is all a good thing focusing on networking with friends and family, it can also be a very bad thing when it comes to your Injury. Sharing too much about yourself can have a major negative impact on your current situation. When it comes to your injury, especially...

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3-D Printing & Lending Workers’ Compensation Recipients A Helping Hand

3-D

3-D PRINTING MAY BE ABLE TO LEND A HELPING HAND FOR WORKERS’ COMPENSATION RECIPIENTS With advances in technology, 3-D printing may be a new option for recipients of workers’ compensation benefits. 3-D printing involves making three dimensional objects from a digital file. By making a virtual design, one is able to take an image and bring it to 3-D life. 3-D printing has become a well-accepted method of manufacturing. The technology has revolutionized the medical and health care industries as it has the ability to create prosthetics, dental implants, casts and even hearing aids. Imagine the following: John works at a printing company. His job consists of...

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Termination from your employer when dealing with overtime

Termination

Can my employer fire me for filing a complaint or participating in a lawsuit against them for unpaid overtime? No. It is against the Fair Labor Standards Act for an employer to retaliate against an employee for filing a complaint or participating in a lawsuit for unpaid overtime wages. In order to assert a prima facie claim of retaliation under the FLSA, a plaintiff must prove: (1) that he or she engaged in an activity protected by the FLSA; (2) that he or she suffered adverse action by the employer subsequent to or contemporaneous with such protected activity; and (3) a causal connection...

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Workers’ Compensation claim and choosing your own doctor.

Choosing Your Own Doctor

Can I choose my own doctor for my Workers' Compensation claim? Yes you can choose your own doctor for your Workers' Compensation claim!  But hurry.  When you are injured on the job, you have the right to choose a doctor to treat you for your work injury.  In Mississippi, you can accept the medial services and doctor being provided by your employer, or you can choose your own doctor.  This means that you have the right to reject the doctor that the employer offers and pick your own. If the employer does not send you to a doctor, you can still have a...

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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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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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