Mississippi Workers Compensation Benefits

What Benefits Am I Entitled To Under Workers’ Compensation?

There are two types of benefits that the law entitles you to in workers’ compensation. The first is called indemnity benefits and those are meant to compensate you for the loss of wages while you are off work. The second is called medical benefits and that is for the medical treatment you required for the injury that was sustained at work. The most you will receive in terms of replacement wages is two thirds of your average weekly wage. Unfortunately, that is capped at $494 and 48 cents per week with a total cap for a 2019 injury of $222, 516. That amount will likely increase in 2020 but the Mississippi Workers’ Compensation Commission hasn’t released that number yet. A truck driver earning $1,500 a week is going to be hit hard by that cap of $494 and 48 cents per week.

There is no cap on medical benefits. However, medical benefits are paid out according to the Mississippi Workers’ Compensation fee schedule, which means that they are paid at a set rate for certain treatments. Another benefit they offer is mileage. Any time you go to a doctor or to pick up your prescriptions, you are entitled to the mileage at the IRS rate.

How Soon After An Accident Do I Have To Report An Injury?

You must report an injury within 30 days of becoming aware of the injury. When someone breaks a bone at work, it’s pretty obvious. If someone pulls their back at work, however, they may not realize how bad it is until the next day when they can’t get out of bed. Then, you have individuals who have hearing loss or carpal tunnel syndrome that occurs over a long period of time through repetitive use. Once you reasonably should know that you have a work related injury, you have 30 days to report it to your supervisor. When in doubt, notify your supervisor to create a paper trail, so that there is something to show that you let them know as soon as possible.

Do I Have To Go To The Doctor My Company Wants Me To Go To?

In Mississippi, the law gives you the right to choose your own doctor. You only get one choice of physician and you can pick anyone with a medical license in the state of Mississippi. Oftentimes, your employer says you need to pick which doctor you want to go to beforehand and offers a recommendation. Do not pick the employer’s recommended doctor. Once you sign that choice of physician form, it’s very difficult to get away from that. Also, if you treat with a doctor for six months or let a doctor perform a surgery on you, under the law, they are presumed to be your choice of physician.

Do I Need An Attorney If The Insurance Company Is Paying For Everything?

If the insurance company stops paying for something and you need the benefits turned back on, to get them reinstated will take time. Even as an attorney, I have 23 days before the workers’ compensation commission will even entertain hearing your motion, after I file your petition. If you’ve hired me on the front end, I already have that in place. I can file a motion and I’ve got something with some real teeth to put in front of a judge. If you’ve waited until the benefits are turned off, I’ve got a waiting period to deal with. It is important to get an attorney involved early, even if the insurance company is doing everything they are required to do. There is no guarantee that they will continue to do that.

For more information on Benefits Under Workers’ Compensation Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (601) 283-2343 today.

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