On-the-Job Injuries / Workers' Comp

Injured WorkersJackson, Ridgeland, Madison, Canton, Brandon, Pearl, and all Mississippi employees experience some type of injuries at work almost daily. Some injuries occur over time due to repetitive physical stress, such as carpal tunnel syndrome and leg problems. A large number of employees in Mississippi work in hazardous professions, the most notable of which is construction. If you're a construction worker who has been injured on the job, or if you've been injured in the course of your work in any other field, you might have a Mississippi Workers' Compensation claim on your hands.

Injured Workers Have Rights

Feel like your employer has written you off now that you've been injured on the job? Are you having trouble with your benefits, getting paid for time off due to injuries, or have you lost your job after a workplace injury? Injured workers have rights, and employers don't always honor them.

In Mississippi, most employers are required to carry Workers' Compensation insurance. This may cover benefits for lost earnings during recovery from an injury, reimbursement of medical expenses, and compensation for any permanent impairment or disability. Determining your eligibility and compensation can give rise to complex issues which may lead to disputes, and that is when you will need an experienced Mississippi Workers' Compensation lawyer advocating for you to make sure you receive fair payment and medical care for your injuries.

In some cases, employers resist filing a claim with Worker's Compensation. Some employers want to avoid making claims to protect their insurance premium prices, or to avoid paying any benefits to injured workers. This is a direct violation of workers' rights. In most circumstances, if you've been injured on the job, you have the right to file a Workers' Compensation claim. If your employer isn't letting you file a Workers' Compensation claim, you'll have to insist that they honor your rights; typically by getting a Worker's Compensation lawyer involved. You should immediately report your injury to your employer.

In other cases, the employer follows through with its obligations to file a Worker's Comp claim, but the insurer is reluctant to pay. Like any insurance company, Workers' Compensation insurers are in business to make money. The more money they pay out on Workers' Compensation settlements, the less money they get to keep. Therefore, it's in the insurer's best interests to deny your claim, and find ways to avoid paying. An experienced Workers' Compensation attorney, like Jared A. Kobs or Benjamin N. Philley, can evaluate your case and make sure that your employer and the insurance company honors your rights.

Common Workplace Accidents

In hazardous professions, a wide range of workplace injuries are far too common. Construction workers, in particular, have dangerous work environments that can result in serious injuries. That being said, any employee who has been injured in the course and scope of his/her employment likely has a Workers' Compensation claim. Common workplace accidents include:

  • Falling from an elevation;
  • Slipping and falling at work;
  • Being struck by objects;
  • Being pinned or caught between objects;
  • Electrical shock;
  • Loss of limb or injury due to equipment malfunction.

In addition to these listed injuries, there are many other types of injuries that employees sustain at work.

These accidents may be relatively minor, or they can cause severe, long-term injuries. These types of workplace accidents may cause:

  • Broken bones;
  • Lacerations or cuts;
  • Scrapes;
  • Twisted joints or muscle injury;
  • Dislocations;
  • Back injuries;
  • Spinal cord injury;
  • Concussion;
  • Brain injury;
  • Death.

In a Workers' Compensation case, most employers are obligated to pay out for specific injuries due to a schedule of benefits. For example, a dislocated right shoulder may be a $2,000 payout, regardless of what it actually costs to treat your injury. If your injury costs more than the scheduled payout to treat, or if you have long-term injuries or disability due to your injury, the schedule of benefits may be insufficient to address your injuries.

In other cases, a Workers' Compensation claims processor may require you to evaluate with one of their on-staff doctors to determine the extent of your injuries. If the insurance company's doctor doesn't agree with your treating physician about your injuries, the insurance company will only pay you or authorize treatment based on what their doctor says. If their doctor says you're not injured and can return to work, even if your doctor claims you need 3 more weeks of physical therapy before returning to work, the insurance company may end your benefits at that point. If you are hurt on the job, all of your medical bills should be paid in full by the Workers' Comp insurance company.

A Workers' Compensation lawyer can help ensure you keep your benefits until you're recovered from your injury, and that you reserve the total benefits that you deserve. Here at Kobs & Philley, PLLC, we're experienced at spotting the tricks insurers use to try to avoid payment for an injury, and we can help make sure you get the full protection of your Workers' Compensation benefits.

Liability in a Workplace Injury

Liability in a workplace injury isn't always a clear-cut proposition. In some cases, you might be injured as a direct result of your employer's negligence, in which case you're entitled to Workers' Compensation benefits. In other cases, it may not be the employer's negligence that caused your injury, but instead a defective part or a product liability case due to malfunctioning equipment. In these cases, the responsible party - the defective product or equipment manufacturer, for example - might be responsible for paying your bills. At that point, it stops being a straightforward Workers' Compensation injury and becomes a product liability case, or other type of personal injury case.

An experienced Workers' Compensation attorney with a broad range of personal injury practice can spot the cases where a Workers' Compensation case isn't just a Worker's Compensation case. If you're injured as a result of a defective product, or malfunctioning equipment - or even worse, if you're permanently disabled as a result of this type of injury - it's the manufacturer who should be paying your bills. A good attorney knows when to shift the focus, and how to make sure the manufacturer pays you the settlement you deserve - even if it's more than the Workers' Compensation schedule of benefits would normally stipulate.

At Kobs & Philley, PLLC, we understand how frustrating it is for you to be out of work due to a workplace injury. You still need money to pay your bills, and if the employer isn't administering your Workers' Compensation benefits correctly, you could be left with no way to recoup your financial losses. Let us help you make sure you get paid the way your employer is supposed to pay you. We can help you get your Workers' Compensation benefits, and try to make sure your job is ready for you when you're able to go back to work.

Need a Workers' Compensation lawyer? Workers' Compensation attorneys Jared A. Kobs and Benjamin N. Philley can help. Take advantage of our NO OBLIGATION, FREE CONSULTATION. Ask us questions. We will provide straight answers and explain what we can do for you and how we can help you during this stressful time. You can contact us online or call us today at 601-856-7800 or 1-877-856-0330 for a FREE CONSULTATION.

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Mississippi Workers' Compensation Commission

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