Mississippi Workers Compensation Facts and Questions and Answers

by Jay Foster, Mississippi Workers Compensation Attorney


WHAT IS THE DEFINITION OF WORKERS' COMPENSATION IN MISSISSIPPI?

In Mississsippi, the Workers' Compensation Act was passed by the State Legislature and is a "no-fault" insurance plan mandated by State law.  The Workers' Compensation Commission oversees the law and employers pay for it.  In other words, even if it was your fault that you were hurt at work, as an injured Mississippi worker, you are still covered under the Worker's Compensation insurance policy.

The Mississippi State Legislature in 1948 passed the Workers' Compensation statutes and ensured the payment of certain medical and wage loss benefits to people injured at work.  The Legislature established the Mississippi Workers' Compensation Commission at the same time and it was established to supervise and monitor claims which come within the workers' compensation laws.  An employer covered by the Workers' Compenation Laws is required to make sure that employees get workers' compensation benefits by obtaining a workers' compensation insurance policy from an insurance company or getting the Mississippi Workers' Compensation Commission to approve the employer's request to be self-insured.

WHO IS COVERED BY WORKERS COMPENSATION IN MISSISSIPPI?

Almost every person who works at a job in Mississippi is covered by the Mississippi Workers' Compensation Law, but there are exceptions to this rule.  All  employers with five employees regularly employed are required by the law to have workers' compensation insurance coverage.  If the employer has less than five employees, workers' compensation coverage is not mandatory but it can be provided voluntarily by the employer.  Domestic labor, farm labor, and employees of non-profit fraternal, religious, charitable or cultural organizations are not covered under the Workers' Compensation Statutes unless  the employer has voluntarily purchased insurance coverage.

In addition, federal employees and certain maritime and transportation employees are covered by federal workers compensation statutes.  Therefore, the Mississippi Workers' Compensation Law may not cover them.  This is why Jay Foster handles Longshore and other federal workers' compensation claims.  Finally, independent contractors usually do not have coverage under the Mississippi Workers Compensation Laws but some protection is given to subcontractor employees.

WHAT IS COVERED BY THE MISSISSIPPI WORKERS' COMPENSATION STATUTES?

In Mississippi, if you were hurt at work and the injury "arises out of" and was "in the course and scope of employment" then it is covered by the applicable insurance policy.  Of course, insurance companies look for reasons not to pay which is why you may need us to assist you with your injury.  Work-related deaths, occupational illnesses, and diseases are also covered by the applicable insurance policy.

WHEN DO YOUR BENEFITS FOR WORKERS' COMPENSATION START?

An injured Mississippi worker is covered and eligible for workers' compensation benefits as soon as he or she begins working for an employer.  There is no waiting period or minimum earnings requirement.

IF YOU ARE INJURED AT WORK, WHAT SHOULD YOU DO?

Please immediately tell your supervisor about your injury.  This is crucial as your employer and the insurance company may later claim you were not injured at work.  We see this in cases all the time.

Once an injured work does this, the employer is then required to report the injury and advise its workers' compensation insurance company and possibly the Mississipppi Workers' Compensation Commission.  Yes, at our law office, we know the rules say an injured worker has 30 days to report an injury, do not wait!  Again, give notice to your supervisor immediately of your injury.

Watch out for the statute of limitations as if you do not receive any disability benefits from your employer or the insurance company within two years of the date of injury, then the your workers compensation case may be precluded by the Statute of Limitations.  Of course, if an injured Mississippi worker files a claim with the Mississippi Workers' Compensation Commission during the 2 year period, then it may not be a problem.  Please call or email Jay Foster if you have a question about this.

PLEASE DO NOT FILE A FALSE WORKERS' COMPENSATION CLAIM:

Do not misled or make any false statements about your injury.  First, it is illegal to do this and you could wind up in prison.  Next, at our offices, we do not handle injuries where our client gives false statements.  We will immediately drop the case.

The applicable statute regarding false claims states,in pertinent part, "Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining or wrongfully withholding any benefit or payment under [the Workers' Compensation Statutes] is guilty of a felony and on conviction thereof may be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) or double the value of the fraud, whichever is greater, or by imprisonment not to exceed three (3) years, or by both fine and imprisonment."





WHAT IF A DEATH OCCURS AT WORK?

If a worker in Mississippi is killed or dies while at work, the Mississippi Workers' Compensation Statutes require the payment of Workers' Compensation Benefits to any surviving spouse and certain surviving dependents.  These compensation benefits are limited to a maximum of 450 weeks after the death and are payable at least every 14 days.  As with most aspects of the Workers' Compensation Law, the benefits are equal to a percentage of the deceased worker's average weekly wage and are limited to a weekly maximum amount set  by the State Legislature.  Also, the insurance company must pay up to $2,000.00 in funeral expenses and immediately pay $250.00 to the surviving spouse.

CAN I CHOOSE MY OWN DOCTOR UNDER THE MISSISSIPPI WORKERS' COMPENSATION ACT?

Yes!  This is crucial.  In Mississippi, one of the most important rights an injured worker has is the ability to choose one doctor or medical provider.  Note: after an injured worker does this, all referrals must come from this doctor and this doctor can refer you to a specialist without getting approval from the insurance company.  However, any additional referrals must be approved by the insurance company.  You do not have to go to a licensed medical doctor.  Instead, you can choose a chiropractor for treatment.  Again, watch out because the insurance company will want you to go to their doctor who may not be fair.

IS THERE A DEDUCTIBLE IN REGARDS TO ANY WORKERS' COMPENSATION BENEFITS?

Fortunately, there is not a deductible that any injured employee has to pay for any of the benefits the worker gets.  On the other hand, the employer may have to pay some sort of deductible, but this does not apply to you because all workers' compensation benefits are provided at no cost to injured workers.

YOU DO NOT HAVE TO PAY ANY MEDICAL BILL:

Any employee receiving medicaL treatment or service under the Mississippi Workers' Compensation Act cannot be requried to pay for any charge for medical treatment, and no doctor, hospital or other recognized medical provider can force you to pay it.  In fact, they cannot even atttempt to bill you or chage you any amount greater than what is paid by the workers' compensation insurance company.

YOU DO NOT HAVE TO PAY YOUR BENEFITS BACK TO ANYONE:

No agreement by an employee to pay any portion of premium paid by his employer or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by the Mississippi Workers' Compensation Law shall be valid.  Any employer who make a deduction for such purpose from the pay of any employee entitled to [workers' compensation] benefits . . . shall be guilty of a misdemeanor. . ."


HOW ARE COMPENSATION PAYMENTS MADE?

All payments are made by the employer or its insurance company.  Medical payments should be made directly to the doctor or other medical provider by the employer or its insurance company.  Payments for wage loss may be made directly to the injured worker or the workers' legal representative.  Once started, wage loss or disability payments to the worker should be made at least every 14 days until concluded.


IF YOU ARE INJURED AT WORK, ARE YOUR BENEFITS PAID FOR EVERY DAY MISSED FROM WORK?

It does not matter how many days you miss work due to your accident, medical benefits are still paid.  In regards to wage loss payments, if you have less than 14 days of disability per your doctor which is defined as days missed on which the injured caused you to be unable to earn your regular wages) as the result of work injury, then disability payments are not made for the first 5 days.  In other words, you get disability payment only for the number of days of disability above 5 days of disability.  Some people call this the five day waiting period.  If the injured Mississippi worker has 14 or more days of disability due to the accident, then disability payments are made for the total period of disability and this includes the first 5 days.


HOW MUCH ARE DISABILITY OR WAGE LOSS PAYMENTS UNDER THE WORKERS COMPENSATION ACT?

This varies.  It depends on the type of injury and disability that you have from the accident.  Payments are usuallly sixty-six and two-thirds of the injured workers' average weekly wage.  But, this is limited to a maximum weekly amount set by the Legislature.

In Mississippi, the time frame of payments is limited to no more than 450 times the maximum weekly amount established by the Mississippi State Legislature, no matter what type of injury the injured worker had.  In it was a death case, this also applies to payments to the spouse and dependents.

As of January 1, 2008, the maximum weekly benefit for disability or death is $398.93.  You are also limited to just 450 times this amount, or approximately $179,518.50.  You are also limited further than this depending upon your average weekly wage.  These numbers are  the maximum amount which can be paid for an injury or death for a Mississippi state workers' compensation claim.  It does not apply to Longshore claims or other workers' compensatioin claims.  Depending on an injured Mississippi workers' average weekly wage, the benefits may be less, since the worker is entitled to the sixty-six and two-thirds of  your average weekly wage or the weekly maximum in effect at the time of your injury.  Please call or email Jay Foster for 2005, 2006, or 2007, or other maximum rates.


HOW LONG WILL DISABILITY PAYMENTS CONTINUE UNDER THE ACT?

If you are injured at work and the doctor determines that you are permanently and totally disabled then you are limited to a maximum of 450 weeks.  If you are injured and not permanently and totally disabled, the time limit for payments depends upon the type of  the injury you sustained and your disability.  In death cases, payments to dependents will  not be over 450 weeks.

WHAT IF THERE IS A PROBLEM WITH THE INSURANCE COMPANY?

If you encounter a problem with the way your claim is being handled, or you think you have not received all benefits due, please call or email Jay Foster.

Remember, if your claim is accepted and paid, it will be paid by the employer or its insurance carrier and not by the Mississippi Workers' Compensation Commission.

If the problem cannot be resolved in this manner, please call or email Jay Foster for assistance.

DOES AN INJURED MISSISSIPPI WORKER NEED AN ATTORNEY?

There are times when you may not be able to resolve disputes with the insurance company yourself and you may want to be careful about what the insurance adjustor is telling you.  In such cases, the assistance of an attorney can be very important.  It can also be important to contact a lawyer to guide you through the workers' compensation process as it can get very complicated.  Of course, you do not have to hire a Mississippi Workers Compensation lawyer, but you can consult with us for free at anytime.  At our office, we only charge 25% of the total compensation paid to you.


SAFETY IN MISSISSIPPI AT WORK IS IMPORTANT!

Of course, the Mississippi Workers' Compensation Law exists to guarantee benefits for people who have a work related injury or illness.  Unfortunately, these benefits are limited and often will not make the injured person whole again.   All Mississippi employers should try to prevent an injury from happening.  Please try to follow safe work practices so we can prevent as many injuries as possible.