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Workers Compensation Tag

Chhabra & Gibbs, P.A. > Posts tagged "Workers Compensation" (Page 4)

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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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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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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I got hurt while working for a subcontractor. Come to find out, he did not have workers’ compensation insurance. Am I just out of luck?

Hurt on the job contractor

I got hurt while working for a subcontractor. Come to find out, he did not have workers’ compensation insurance. Am I just out of luck? Not necessarily.  The law states: § 71-3-7 (6) In the case of an employer who is a subcontractor, the contractor shall be liable for and shall secure the payment of such compensation to employees of the subcontractor, unless the subcontractor has secured such payment. What this means is you go “up the chain” to whoever hired your subcontractor employer to see if there is coverage.  Sometimes there may be several subcontractors and contractors with coverage, and it will...

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My legislator said he voted to make our workers compensation laws better for the people of our state, is he telling the truth?

helping laws

No, the new laws do not help the worker at all.  One major change that was made is a new law was written to say: § 71-3-7  In all claims in which no benefits, including disability, death and medical benefits, have been paid, the claimant shall file medical records in support of his claim for benefits when filing a petition to controvert. If the claimant is unable to file the medical records in support of his claim for benefits at the time of filing the petition to controvert because of a limitation of time established by Section 71-3-35 or Section 71-3-53,...

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When exactly are you entitled to Workers Compensation benefits

entitled truth wages

The technical law states that: § 71-3-7. Liability for payment of compensation (1) Compensation shall be payable for disability or death of an employee from injury or occupational disease arising out of and in the course of employment, without regard to fault as to the cause of the injury or occupational disease. An occupational disease shall be deemed to arise out of and in the course of employment when there is evidence that there is a direct causal connection between the work performed and the occupational disease. In English, what this means first and foremost is that fault is not an issue, and...

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The Truth About Workers Comp

entitled truth wages

People are often worried about getting fired if they hire a lawyer (or even if they don’t) after having a work injury – so what’s true and what’s myth? First, Mississippi is an at-will employment state.  What that means is that an employer can terminate an employee for almost any reason, unless it deals with age, sex, race, etc.  Unfortunately a person can legally be fired just for the fact that they got injured at work. But when our firm’s employees get hurt on the job, we want them to get good treatment. That’s what good employers should do.  That’s why we...

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What is an Independent Contractor under the Workers Compensation Act and how does it impact a claim?

Independent Contractor

Miss. Code Ann. § 71-3-3 (r) states that  "Independent contractor" means any individual, firm or corporation who contracts to do a piece of work according to his own methods without being subject to the control of his employer except as to the results of the work, and who has the right to employ and direct the outcome of the workers independent of the employer and free from any superior authority in the employer to say how the specified work shall be done or what the laborers shall do as the work progresses, one who undertakes to produce a given result...

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What are “Wages” for purposes of a Workers’ Compensation Claim and why does it matter?

entitled truth wages

Miss. Code Ann. § 71-3-3 (k) states that  "Wages" includes the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of injury, and also the reasonable value of board, rent, housing, lodging or similar advantage received from the employer and gratuities received in the course of employment from others than the employer. The term "wages" shall not include practical training received by students of an educational institution as a part of such educational institution's curriculum. So why does this matter?  Every compensation benefit whether it be temporary or permanent or total...

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