Mississippi Workers' Compensation Frequently Asked Questions
Is every worker in Mississippi covered by workers' compensation insurance?
What should I do if injured on the job?
Do I have a right to choose my own physician?
Does my employer have a right to make me see a doctor of their choice?
Who pays for my medical bills?
Will I be paid any money will off-work?
How much will I be paid while off-work?
Once I go back to work, am I entitled to any more money for my injury?
Do I need an attorney to represent me in a Workers' Compensation case?
Is every worker in Mississippi covered by workers' compensation insurance?
Most workers in Mississippi are covered by Workers' Compensation Insurance. All Mississippi employers with five (5) regularly employed employees are required to provide workers' compensation insurance coverage with some exceptions. If you are injured in the course and scope of your employment, then you should be covered by Workers' Compensation insurance as long as your employer has five full-time employees and you do not fall within one of the types of excluded employees.
What should I do if injured on the job?
You should seek medical treatment and you also must tell your supervisor/employer about the injury as soon as possible. It is important you do both.
Do I have a right to choose my own physician?
Yes. Under Mississippi Code, Section 71-3-15, the injured employee is entitled to choose his own doctor and treat with that doctor.
Does my employer have a right to make me see a doctor of their choice?
In some instances, the employer has a right to have you see a doctor to either evaluate temporary or permanent disability or medical treatment. However, there are specific rules and procedure that must be followed by the employer/insurance carrier. The employer or insurance carrier does not have the right to choose the doctor you will treat with.
Who pays for my medical bills?
An injured worker is entitled to whatever reasonable and necessary medical services are required to treat the injury and achieve maximum cure. These include but are not limited to doctor and hospital services, nursing services, medication, physical therapy, crutches and any other apparatus or medical service which is necessary. Mileage expense reimbursement for trips to the doctor is also included.
Will I be paid any money will off-work?
If an injured worker is required because of the injury to miss time from work, then they are entitled to be paid a wage loss benefit equal to as much as two-thirds of the workers' average weekly wage, subject a maximum weekly amount and to certain time limits which are set by the Legislature. While the worker is under the continuing care of a doctor and is unable to work or to earn full pay, this benefit is known as a "temporary disability" payment. Once the doctor finds the worker has achieved maximum cure or improvement, additional wage loss benefits known as "permanent disability" payments may be due if the worker has a permanent disability or handicap. All wage loss benefits are required to be paid at least every 14 days so long as the covered disability continues, subject to certain statutorily provided time limits.
How much will I be paid while off-work?
Depending on the nature of the injury and disability, payments will be two-thirds of the workers' average weekly wage, subject to a maximum weekly amount set by the Legislature. Effective for injuries or fatalities occurring on or after January 1, 2010, the maximum weekly benefit for disability or death is $422.31. Depending on one's average weekly wage, benefits may be less, since you are entitled to the lesser of 2/3 of your average weekly wage or the weekly maximum in effect at the time of your injury.
Once I go back to work, am I entitled to any more money for my injury?
Maybe. It depends on a number of factors including the parts of your body injured, impairment rating, educational level, job skills, job restrictions, and whether you suffered a loss of wage earning capacity. However, you need the assistance of an experienced workers' compensation attorney to investigate your claim and assist you in recovering the amount you deserve.
Do I need an attorney to represent me in a Workers' Compensation case?
Remember this important fact. If you are not represented by an attorney, there is no one looking out for your interest. The insurance adjuster is trained in workers' compensation law and they usually have an attorney representing their interest. They are not representing your interest. Therefore, if you have questions about your workers' compensation claim, you should consult an attorney. At the Kisselburgh Law Firm, we offer free consultations and will review your file and give you advice as to whether you need an attorney. Call us now at 601-936-4040 or toll free at 877-601-4040 or contact us online.
