Most Mississippi employers are required to maintain workers’ compensation insurance. This coverage provides a “no-fault” mechanism whereby employees who are injured on the job can be sure that their medical expenses stemming from a work-related illness or injury will be covered, and the program also provides partial coverage for missed wages if an employee has to miss more than five days of work while recovering from the injury. A number of factors can lead to an initial denial of workers’ compensation benefits or to a variety of complications during claim processing, however, so Mississippi employees often wonder: How long does a workers’ compensation claim stay open? The answer can depend on a few considerations, including whether the claim includes wage replacement benefits as well as medical treatment. For a more detailed explanation, or to discuss the factors that may relate to your specific workers’ compensation case, reach out to an experienced Mississippi workers’ comp lawyer with Lott Law. You can reach our Pascagoula office by calling (228) 215-2787 today.
Who Is Exempt From Workers’ Compensation in Mississippi?
The Mississippi Workers’ Compensation Commission explains that although a majority of Mississippi jobs do offer workers’ compensation benefits, individuals working as independent contractors (often described as “self-employed”) are typically not eligible to receive workers’ comp benefits, even if they maintain an ongoing and relatively substantial relationship with a given client. Workers in some domestic and agricultural occupations may be excluded even if classified as employees (rather than independent contractors), and some employers – notably qualifying nonprofit organizations, and businesses with fewer than five employees, regardless of business type – are exempt from the requirement to carry workers’ compensation insurance. Some types of work in seafaring and transportation industries may be excluded from Mississippi’s Workers’ Compensation Law but covered under distinct federal employment regulations.
How Does Workers’ Comp Work in Mississippi?
Workers’ compensation provides two main types of benefits to eligible workers, once their claim has been approved. These benefits are:
- Wage replacement: These benefits cover up to two-thirds of the employee’s regular wages, during the period of recovery. In instances where the attending physician determines that the worker’s condition has improved as much as can be expected and in the physician’s judgment the individual will not be able to return to work, the partial replacement may become permanent, but additional filings may be necessary to make this transition.
- Medical care: Employees injured in the course of their job-related duties are entitled to “reasonable and necessary” medical services to treat their work-related illnesses or injuries. Medical benefits cover the costs of these treatments and may include coverage for diagnostic services, medications, physical therapy services to aid in recovery, hospital inpatient care if indicated, and other similar expenses.
An experienced Mississippi workers’ compensation lawyer with Lott Law may be able to help you understand the types of expenses that are typically covered under workers’ compensation benefits.
What Is the Waiting Period for Workers’ Comp in Mississippi?
There is a common misconception regarding a “waiting period” for workers’ compensation benefits in Mississippi. All too often, Mississippi workers are misled (often by well-meaning but misinformed friends or relatives) into believing that there is a “waiting period” between the time when a worker begins their position with a specific employer and the time when the worker will be eligible to receive workers’ compensation benefits if injured on the job. Knowing your rights is essential to exercising them, so you should be aware that if you work in a position that is eligible for workers’ compensation, and your employer is subject to Mississippi’s Workers’ Compensation Law, you are eligible from your first day on the job.
There is a “waiting period” for workers’ comp benefits in Mississippi, but it is not a waiting period for eligibility. Instead, this waiting period applies to wage replacement benefits, which are not paid during the first five days of work missed. If the employee misses between five and 14 days of work because of a job-related injury, then he or she will be eligible for wage replacement benefits for days six through 14. If an employee misses more than 14 days of work due to temporary disability arising from a job-related injury, then he or she will receive wage replacement benefits retroactive to the first day of missed work.
What Does It Mean for a Workers’ Compensation Claim To Stay Open?
A second, related misconception sometimes gets conflated with answers to the question, “How long does a workers’ compensation claim stay open?” The cause for this second misconception relates to confusion around what a workers’ compensation claim is, and what “open” means in the context of claim resolution. A workers’ compensation claim is opened when the employee reports a job-related injury to their employer and requests workers’ compensation benefits. If the employer’s insurance provider pays promptly and without dispute, then the claim may be considered “closed” as soon as the worker is back “on the job” (meaning wage replacement benefits are no longer necessary) and no longer seeking coverage for medical expenses related to their treatment for the injury.
According to the Mississippi Bar Association, temporary wage replacement benefits can extend for a maximum of 450 weeks, so there is a limit to how long a claim for temporary disability benefits can remain open in that sense – however, in the event of a dispute over the duration of benefits within the 450 weeks, or if the employee’s medical condition indicates that a transition to permanent disability benefits may be needed, and the employer’s insurance provider contests the employee’s claims, then the worker may pursue the matter with a Claims Representative from the Mississippi Workers’ Compensation Commission. He or she may also choose to work with a Mississippi workers’ compensation attorney to seek professional assistance in achieving a satisfactory resolution of the claim. In either of these instances, the claim may remain open until a final conclusion has been reached through the appeals process.
Discuss Your Workers’ Compensation Claim With an Experienced Workers’ Comp Benefits Lawyer
Injured employees and their concerned families often wonder: How often does a workers’ compensation claim stay open? The answer will depend on the circumstances of the claim itself, as well as whether the claim is initially denied outright or partially contested. If the worker needs to appeal an initial denial or work with a Claims Representative from the Mississippi Workers’ Compensation Commission, those steps can extend the time the claim remains open. To speak with an experienced workers’ compensation attorney and get help reviewing your legal options for expediting a workers’ compensation claim, schedule a consultation with Lott Law by calling our Pascagoula office today at (228) 215-2787.
