What should I do if I am hurt on the job?
Report it IMMEDIATELY to your supervisor, no matter how minor the injury. If your company has a designated person to whom to report workers' compensation claims, then you can report to that person. A large number of workers' compensation claims are contested on the basis that the company had no notice of the injury.
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Get a list of all persons who saw the accident. You will need them later as witnesses. |
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If you have access to a camera, take photographs of the accident site, and of your injuries. |
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Go to the doctor. Do not try to diagnose yourself. The value of your claim increases with medical records that document the injury. Under no circumstances should you allow the employer talk you into "working through the pain." If you are hurt on the job, get medical help-IMMEDIATELY! |
Who pays my medical bills when I go to the doctor?
The employer (or the employer's workers compensation insurance). Many employers tell their employees to file a claim on the worker's health insurance. DO NOT DO THIS!!!! Under Mississippi law, the employer is absolutely liable for any medical bills arising from an on-the-job injury.
Who chooses the doctor(s) that I see?
You do. Under Mississippi law, an employee injured on-the-job has the right to see a doctor of their own choosing. The employer also has the right to send the injured worker to the doctor of their choice. Therefore, go to your doctor initially. The employer must pay for the visit, and for any doctors (specialists) to which your doctor refers you. If the company wants to send you to its doctor, then that is their right, and their expense.
What am I entitled to under workers compensation laws?
If you are hurt "in the course and scope" of your employment (in other words, while on the job), you are entitled to payment of your medical bills, temporary benefits for the time you miss work while you heal, and, if the doctor gives you any permanent impairment rating, damages for your permanent disability. Ultimately, workers compensation pays the employee for their loss in ability to earn because of their injury.
How does the typical workers compensation claim progress?
Initially, once you report the injury, the company sees that you are given medical care. If the doctor says you must miss some work time, then you should be paid temporary benefits from the date of the injury until the date your doctor says you reach "maximum medical improvement" (MMI). MMI merely means you're as good as you're going to get. If you have a permanent disability as a result of the on-the-job injury, then you are entitled to a lump-sum payment to compensate for the injury.
How are benefit amounts determined?
By law, benefits are paid at two-thirds (2/3) of the workers' average weekly wage (AWW) for the 52 weeks prior to the injury. For temporary benefits, you are paid this amount from the date of injury until you reach MMI. The number of weeks of compensation for permanent injuries is set by a statutory schedule.
Why should I get an attorney to help me?
The workers' compensation insurance carrier works for the employer, not the employee. Their sole goal is to get you to settle for the least amount they can pay. Although Mississippi law is very clear on what is to be paid to the injured worker, the insurance company doesn't voluntarily pay those amounts. Consequently, workers who don't have an attorney advising them leave dollars to which they are entitled on the table. |
