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Don’t Let Insurance Companies Define "Recovery" For You.

Mississippi’s workers compensation statutes are designed to help injured workers get by if the worst should happen.  The Mississippi Worker’s Compensation Commission oversees the laws and regulations that govern the responsibilities of an employer if an employee is injured on the job.  These laws put the onus of taking care of an injured employee squarely on the employer.  But “getting by” can have many different interpretations.  Often in cases of the working injured of Mississippi, “getting by” often means a serious decline in their standards of living.

For example, the most an employer is required to pay an injured worker per week in most cases is $351.14.  For a single breadwinner with a wife and two children, this may not be enough to cover the mortgage.

It’s hard to put a price on pain, but the Mississippi Worker’s Compensation Commission has endeavored to do so for many injuries that occur on the job.  Many argue that the compensation the MWCC recommends is outdated and unrealistic for many types of injuries, especially if the injury may inhibit the injured worker from ever approaching his/her peak earning power again.  Nevertheless, if you’ve had a significant injury on the job that has resulted in permanent partial disability, below is the maximum you can expect in a settlement.

  • Arm and shoulder injuries - $63,292
  • Hand injuries - $47,469
  • Leg injuries - $55,380
  • Foot injuries - $39,557
  • Eye injuries - $31,646
  • Loss of hearing, both ears - $47,469
  • Loss of hearing, one ear - $12,658
  • Facial scars/ disfigurement - $2000

Please note that these maximum amounts change all the time and depending on your circumstances, it may not apply to you.  Please call Jay Foster right now and he can discuss it with you.  When you consider that many of these injuries will most certainly affect not only the injured workers’ ability to earn a comfortable living, but also the quality and enjoyment of life that worker will lose, the above sums can seem paltry.  Less than $50,000 for becoming virtually deaf?  Just over $30,000 for serious sight impairment?  And $55,380 for never being able to walk right again?  Those figures seem unfair and unjust, and often leave an injured worker with a lack of faith in a system that stamps such cheap estimates on the value of his or her quality of life.

If you are permanently and totally disabled from working, the maximum you can receive for a Mississippi Worker's Compensation accident is $158,013.00.  Again, please note that these figures change all the time so please call or email Jay Foster to discuss it.

But if injured workers think Mississippi’s workers compensation figures are unfair, then they’ll think even less of their employers and insurance companies, who are ultimately responsible for paying an injured worker for the injury.  The above amounts are maximum amounts for the injuries incurred.  Whenever possible, insurance companies look for ways to keep payouts extremely low.  To accomplish this, they will challenge the validity of an injured workers claim, even in the most obvious cases of employer neglect and dereliction.  “You’re lucky to be getting anything at all” is the general attitude you’ll encounter when dealing with hostile insurance companies, who bar no holds in their never ending quest to keep payouts minimal.  They will resist, insist, intimidate and aggravate until (hopefully) the injured worker acquiesces and takes the bare minimum settlement.  It’s nothing personal. Wearing down an injury victim is simply more cost-efficient than paying them what he or she will truly need and deserve.

Self-insured Employers: acting in their own self-interests

In Mississippi, an employer is generally required to have workers compensation coverage if the company has five or more employees.  Specifically, Section 71-3-5 of the Mississippi Code requires this.  However, there are exceptions.  For instance, employers of agricultural workers and domestic service workers are not required to carry workers compensation.  In most cases, employers can either obtain workers compensation coverage from a third-party insurance company, or they can file a claim to the MWCC to become a self-insured company.  While it can be expensive, many employers prefer the self-insured option because it gives them more negotiating power over their employees’ compensation in the event of a workplace accident.  Many employers also figure that because they provide workplaces that have a low risk of injury, they are saving money by avoiding the high premiums in workers compensation that insurance companies often charge.

But then an accident occurs and an injury results, leaving the injured worker’s fate largely at the discretion of his employer.  In Mississippi in 2002, there were 2725 controverted cases of workplace injury among self-insured employers.  While appeals to the MWCC regarding injury claims against self-insured employers can be made, the process is extensive and lengthy without the aid and guidance of an experienced attorney.


For more questions and answers about Mississippi Workers' Compensation cases, please click here.

Jay Foster believes it is the responsibility of Mississippi employers to provide a safe and secure environment for their employees.  He knows that there are many ways employers and insurance companies attempt to circumvent workers compensation laws, and he knows that injured workers in Mississippi need legal support today more than ever before.  If you’ve been injured on the job, or lost a loved one due to a workplace accident (as 96 Mississippians did last year) protect yourself from further insults to your injury.  Please call or email Jay Foster today or as Jay's son says "Call My Daddy Now."

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Ocean Springs, MS 39564

Phone: (228) 872-6000

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