Q: Am I entitled to a settlement for pain and suffering due to a Mississippi Worker's Compensation accident?

A: No.  Unfortunately, if a Mississippi citizen is injured in Mississippi while working for a Mississippi employer, the injured worker is not entitled to compensation for pain and suffering.  However, you are entitled to your Mississippi Worker's Compensation check, round trip mileage to your doctor, and payment of all of your medical expenses related to your worker's compensation accident.  The rationale is that in a Mississippi Worker's Compensation case, the person who was injured at work does not have to prove fault.

In other words, the injured Mississippi Worker just has to show that he or she was at work and received an injury.  On the other hand, while the injured Mississippi Worker does not have to prove fault, the employer enjoys the benefits of knowing, in advance, that the amount someone can recover is limited.  In other words, the amount a person injured on the job in Mississippi can recover is limited.  If you have questions, please call or email Jay Foster about this.