04 April

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Termination from your employer when dealing with overtime

Name: Chhabra & Gibbs, P.A.
Price range: $

Posted by chhabragibbs

in Blog Posts, Helpful Information, Workers Compensation

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...

23 March

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Workers’ Compensation claim and choosing your own doctor.

Posted by chhabragibbs

in Blog Posts, Workers Compensation

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...

10 March

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Fired While Being Treated for My Workers Comp

Posted by chhabragibbs

in Blog Posts, Workers Compensation

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...

08 February

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Legal for insurance co. to do surveillance on me?

Posted by chhabragibbs

in Blog Posts, Workers Compensation

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...

01 February

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Can I file a discrimination case in Mississippi?

Posted by chhabragibbs

in Blog Posts, Helpful Information, Workers Compensation

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...

29 January

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My final workers comp hearing?

Posted by chhabragibbs

in Blog Posts, Helpful Information, Workers Compensation

What should I expect in my final workers comp hearing (I’m nervous and I have never been in Court before)? A Mississippi Workers’ Compensation hearing 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...

27 January

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Workers Comp injury benefits even if not on the job?

Posted by chhabragibbs

in Blog Posts, Workers Compensation

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...

25 January

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My Workers Comp deposition. What should I expect?

Posted by chhabragibbs

in Blog Posts, Workers Compensation

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...

06 November

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My car wreck lawyers won’t take my Workers Comp case

Posted by chhabragibbs

in Blog Posts, Helpful Information, Rogen K. Chhabra, Workers Compensation

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...

02 November

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Can I fire my attorney?

Posted by chhabragibbs

in Blog Posts, Helpful Information, Rogen K. Chhabra, Workers Compensation

Yes you can fire your attorney, 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...

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Termination from your employer when dealing with overtime

Workers’ Compensation claim and choosing your own doctor.

Fired While Being Treated for My Workers Comp

Legal for insurance co. to do surveillance on me?

Can I file a discrimination case in Mississippi?

My final workers comp hearing?

Workers Comp injury benefits even if not on the job?

My Workers Comp deposition. What should I expect?

My car wreck lawyers won’t take my Workers Comp case

Can I fire my attorney?

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