Mississippi Workers' Compensation
Mississippi workers compensation or workman's compensation is a no-fault insurance plan created under state law. It is administered by the state of Mississippi Workers' Compensation Commission and is funded entirely by Mississippi employers.
Mississippi workers' compensation was instituted in 1948, and it guarantees medical benefits and wage loss protection for Mississippi workers who suffer from a work injury. Workers compensation allows workers to obtain these benefits regardless of who caused the injury and eliminates the need of employees to file a Mississippi personal injury claim.
Workers' compensation benefits the employee who is able to receive medical benefits immediately, without a lengthy and contentious legal battle. It does, however, limit the amount of compensation the employee may have won if they had won a large settlement from a personal injury claim.
Hiring a Mississippi Workers Compensation Lawyer
Many Mississippi workman's compensation claims can be handled with little dispute without the assistance of a Mississippi workers' comp attorney, but if you are unable to receive the medical care or wage compensation you need a Mississippi workers compensation lawyer can help.
Workers compensation lawyers from Mississippi can be consulted at any time. Workers comp lawyers understand Mississippi workers' compensation laws and have helped many claimants get the work comp benefits they deserve.
Work Injuries covered under Mississippi Workers' Compensation
Work injuries are covered under Mississippi workers' compensation if they occur while the employee is performing their normal job duties. There are a multitude of work injuries and occupational diseases which are covered including: Neck injuries, Back injuries, Carpal Tunnel, Concussions, Heart attacks on the job, Strokes on the job, Amputations, Injuries from inhaling toxic chemicals, Closed head injuries, Paralysis, Burns, Spinal cord injuries, Abrasions, Electrocution, Puncture wounds, Post Traumatic Stress Disorder (PTSD), Pulmonary conditions
Some Injuries Possibly Not Covered
Mississippi workman's compensation does not cover all work injuries. Employees who are injured at work under any of the following conditions may have difficult winning workers' compensation benefits:
- The employee is injured while they are intoxicated.
- The employee is injured because the failed to follow outlined safety regulations.
- The employee is injured travelling to and from work.
- The employee is injured while they are engaged in social, voluntary or recreational activity at work.
- The employee is injured trying to intentionally injure themselves or another person.
If you have questions about whether or not your Mississippi work injury is covered by Mississippi workman's compensation, contact a Mississippi workman's comp lawyer.
Mississippi Worker's Compensation Benefits
- Medical benefits - Mississippi workman's compensation entitles injured Mississippi workers to all reasonable and necessary medical care which is needed to help the employee reach their maximum medical improvement level. Medical care can include: nursing services, physical therapy, medical supplies, laboratory services, doctor's visits, hospital stays and prescribed medication. Mileage expenses for trips to the doctor may also be covered.
Mississippi worker's compensation differs from many other states and allows the employee to choose their own treating physician. The treating physician may make one referral to a specialist for additional treatment. All other referrals must be approved by the insurance carrier or the employer.
- Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are paid to Mississippi workers who suffer a work injury and are temporarily unable to work. TTD payments are paid at 2/3 of the worker's average weekly wage up to the maximum outlined under state law. TTD payments can continue up to 450 weeks but no worker is entitled to receive more than 450 times the maximum weekly amount outlined under state law.
There is a 5 day waiting period before TTD benefits are paid. If the worker is disabled for 14 or more days they will be paid for the first 5 days of their disability.
- Permanent Total Disability Benefits (PTD) - Permanent total disability benefits (PTD) are paid to Mississippi workers who are injured in a work injury and unable to return to any type of work. PTD benefits are paid as a percentage of the worker's average weekly wage (66 2/3%) and are paid after the worker has reached their maximum medical improvement but remain permanently disabled and/or handicapped. Mississippi employees who lose both of their arms, feet, legs or hands they are considered totally disabled. According to the statute, PPD benefits "shall be paid to the employee not to exceed four hundred fifty (450) weeks or an amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66- 2/3%) of the average weekly wage for the state".
- Permanent Partial Disability - PPD benefits are paid every 14 days for the duration of the disability, subject to certain statutorily provided time limits. Permanent partial disability benefits are paid at 66 2/3% of the injured worker's average weekly wage up to the maximum amount established under Mississippi workman's comp law. PPD benefits can vary depending on the nature and severity of the injury. For example, employees who lose a leg are eligible for 175 weeks of compensation but an injured employee who lost an arm is entitled to 200 weeks of PPD.
- Temporary Partial disability Benefits - Temporary partial disability benefits (TPD) may be paid to employees who have suffered a decreased earning capacity from their work injuries. TPD benefits are paid, according to the statute at "sixty-six and two-thirds percent (66- 2 /3 %) of the difference between the injured employee's average weekly wages before the injury and his wage-earning capacity after the injury in the same or other employment (up to the state's maximum".
TPD benefits can not exceed 450 weeks or an "amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2 /3 %) of the average weekly wage for the state".
- Death Benefits - Death benefits are paid to the surviving spouse and certain dependents of the deceased employee who was killed from a work related injury or occupational illness. Death benefits are paid every 14 days and can continue up to 450 following the death of the covered employee. Death benefits payments are a percentage of the Mississippi worker's average weekly wage (up to a maximum amount outlined under Mississippi state law).
Burial expenses may also be paid up to $2,000 and the surviving spouse may also be entitled to an immediate payment of $250.