The Mississippi Workers’ Compensation Commission received 9,349 workers’ compensation claims filed during 2023. Each one of these claims represents an injured worker who may have faced significant financial losses. Each claim also represents a bureaucratic process that can be difficult to navigate – and filing this paperwork is not always easy. After becoming injured, many workers have to learn how to file a workers’ comp claim for the first time – while simultaneously dealing with medical appointments and the stress of recovery. Workers should know that they are not alone when approaching this task – and they can receive assistance from experienced workers’ compensation lawyers in Mississippi. Consider calling (228) 215-2787 to learn more about your legal rights after a work accident during a consultation with Lott Law.
Seek Immediate Medical Attention
Prompt medical attention should be the number-one priority after a workplace accident. Although it might seem tempting to think about filing a claim immediately, workers should see qualified healthcare providers before planning their next steps. Some injuries may seem superficial at first, but they could be more serious than many workers realize. Only an accurate diagnosis from a qualified healthcare provider can determine the true extent of a workplace injury. For example, a slight knock to the head could lead to a fatal intracranial hemorrhage within days or weeks – despite the complete absence of alarming symptoms.
Prompt treatment may also make the workers’ comp claim process easier while reducing the chance of denial. When a worker prioritizes their health, they highlight the seriousness of their injuries. On the other hand, questions over the legitimacy of claims may arise if workers delay or refuse treatment. Medical records represent important evidence in the claims process, but these records will not exist if workers fail to seek treatment. After receiving treatment and an accurate diagnosis, workers can start filing their workers’ comp claims with supporting medical documentation.
Report the Injury
The next step is for the employee to report their injuries to their direct employer. This is a required step even if the accident is “common knowledge” across the entire workplace. Do not assume that an employer is aware of a specific injury. According to the Mississippi Workers’ Compensation Commission, an injured worker should “immediately notify” their supervisor after an accident. The worker must make their employer aware of their injury – and each injured worker must make their report within 30 days of the accident.
Workers should consider making their reports in writing. Verbal conversations or phone calls could be problematic, as there is no way to confirm whether these oral notifications actually took place. In contrast, written reports are difficult to refute. With a clear “paper trail,” an employer will struggle to claim they were never notified about the injury. Emails could be effective, and they cannot “go missing” in the same way as paper reports. Workers might want to consider keeping numerous copies of their injury reports and signing any written statements. Workers may also ask their employers to respond in writing, thereby ensuring written records of all communications. Lott Law may be able to guide employers through the process of injury reporting.
Employers Must Report Injuries – Not Workers
While workers are responsible for notifying their employers of their injuries, employers are responsible for subsequent reporting requirements. Once an employer becomes aware of a workplace injury, they must file an official report to the Workers’ Compensation Commission. In addition, they must notify their insurance company of the injury. In most cases, employers comply with these requirements – and employees merely wait to hear whether their claims have been approved.
However, there are rare cases in which employers fail to report injuries – even after being notified of accidents by workers. In this situation, it may be possible for a worker to notify the Workers’ Compensation Commission directly. Note that employers in Mississippi face serious legal consequences for failing to report injuries.
Confirm Eligibility
After the Workers’ Compensation Commission receives notification of the injury, workers may want to confirm their eligibility for compensation. Like all states, Mississippi only provides workers’ compensation benefits to “employees.” Not all workers are employees, and some fall into the category of “independent contractors.” Also known as “gig workers” or “freelancers,” these individuals typically fail to qualify for workers’ compensation.
That being said, workers should still file claims even if they are unsure of their eligibility. With help from an experienced workers’ compensation lawyer in Mississippi, it may be possible to dispute a claim denied because of independent contractor status. Some workers are “misclassified” as independent contractors, and this is technically a violation of employment law in Mississippi. If a worker meets certain requirements, they may be eligible to file a workers’ comp claim even if their employer has classified them as an independent contractor.
Wait Until Maximum Medical Improvement
A worker may want to wait until they reach maximum medical improvement (MMI) before accepting any compensation – even if their claim has been approved. MMI occurs when a condition stops improving. At this point in time, doctors accept that they have done all they can to help the worker heal. MMI is important because once a worker reaches this phase in their recovery, they will have a better understanding of how their injuries will affect their lives.
If a worker accepts compensation before reaching MMI, they may not have enough to cover the long-term effects of their injuries. For example, doctors might give an injured worker a 50% chance of walking again. If a worker assumes that they will regain the ability to walk, they might mistakenly accept compensation that is far too low. After a few months, they may discover that they have permanently lost the use of their legs – and their compensation may not be enough to cover this life-changing injury.
Contact Lott Law To Ensure Your Legal and Financial Rights Are Protected After A Work Accident in Mississippi
While government websites seem to indicate that filing a workers’ comp claim is a seamless process, many workers experience significant bureaucratic challenges after their accidents. Denied claims are more common than many realize, and simple mistakes often cause needless issues. To minimize delays and denied claims, consider working alongside an experienced workers’ compensation lawyer in Mississippi. Not only can a workers’ comp lawyer help workers file their claims, but they may also be able to help address denied claims. To continue this discussion in more detail, consider calling Lott Law at (228)215-2787.
