Injuries in the workplace are fairly common in Mississippi, regardless of the field in which the individual works. While some fields are more predisposed towards injuries on the job, this does not mean that other professions are immune. As such, employers of a certain company size are generally required by law to have some form of workmans’ comp. Workman’s comp, or workers’ compensation, is a form of insurance that an employer purchases to cover the medical expenses and lost wages of their employees. This system is designed to protect the rights of the employee from exploitation and ensure that their physical needs and safety are taken care of.
However, the system is not often so straightforward as that. Medical treatment options may be limited under workmans’ comp, and there may be additional complexities and legal details to account for when pursuing compensation for workplace injuries. Workers’ compensation can be an incredible help for injured employees, but this does not mean that the process is without difficulty. Understanding Mississippi workmans’ compensation laws can help clarify these obstacles and may help remove barriers to compensation.
For those submitting workmans’ comp claims, a skilled Pascagoula workers’ compensation attorney from Lott Law may be able to help. Consider scheduling a free consultation today by calling the office at (228) 215-2787 for details.
Claiming Workmans’ Comp
When an employee is injured in the workplace or while working, they are generally entitled to file a workmans’ comp claim. This claim goes through the company to their workers’ compensation insurance company. This may take some time to process, but it must occur within the Mississippi statute of limitations for workplace injury, which is a maximum of two years. Once this claim has been processed and approved, the employee will be compensated for their medical damages. This compensation may include replacement of lost wages, temporary or permanent disability pay, and medical benefits. The extent of these benefits generally hinges on the severity of the injury and the individual’s capacity to return to the workforce.
Reasonable and Necessary Expenses
According to Miss. Code Ann. § 71-3-1, workmans’ comp is designed to account for all reasonable and necessary medical expenses incurred by the employee as a result of their injury. This may limit the individual’s medical treatment options depending on which of their expenses are determined to be reasonable and necessary. This is where an understanding of Mississippi workers’ compensation law and preparation to fight for the injured worker’s rights is key. Medical treatment options are often vital to the recovery of the injured worker, but they can be expensive without the aid of workmans’ comp.
What to Do When Injured
There are several steps an injured employee can take when preparing to file a workmans’ comp claim after an injury. The first step is to seek medical attention immediately. Waiting too long to receive treatment could disqualify an individual from receiving workman’s comp. Additionally, notifying the employer of the injury as soon as possible may also help secure compensation benefits. Generally, the employer must be notified of the injury within thirty days of its discovery. This rule may also apply when receiving medical treatment, as informing your doctor that the injury was sustained at work could help solidify a claim for workers’ compensation.
A seasoned Mississippi workers’ compensation lawyer may be able to help evaluate the strength of your workmans’ comp claim.
Medical Benefits Under Mississippi Workmans’ Comp
There are generally two parts to Mississippi workers’ compensation. The first is wage replacement, or disability benefits. This is designed to compensate the injured employee for the income they did not earn due to their injury, and to keep them stable financially while they recover. The second part is medical benefits, which are the repayment of the cost of the medical treatment. Whether or not these medical benefits are provided may depend on the available medical treatment options. When deciding on medical treatment options, consider taking the workmans’ comp requirements into account.
Choice of Physician
The employer of the injured employee is required to furnish the injured individual with any reasonable and necessary expenses required to return them to health. There are many medical treatment options covered by this, provided there is fair justification for the expense and it is within the statute of limitations. In addition to this, the employee is entitled to their choice of physician. The employer may suggest or recommend certain medical treatment options or providers, but the employee is allowed to request a second opinion. The cost of the medical professional, along with any treatment plans or procedures, may be covered by Mississippi workers’ compensation.
Fee Schedule
The fee schedule in Mississippi is designed to regulate what medical treatment options are covered by workmans’ comp. While many different states have their own laws or versions of a medical fee schedule, Pascagoula residents may benefit from reviewing the Mississippi Workers’ Compensation Medical Fee Schedule for detailed information. This may help clarify which medical treatment options are viable and may be covered by workmans’ compensation insurance.
Rights of an Injured Employee
When filing for workmans’ comp, the injured employee may face obstacles and misinformation about what they can and cannot do. This is one reason that understanding an injured employee’s legal rights is important. Primarily, and most obviously, an injured employee has a right to medical treatment and the right to file a claim. They must be allowed to receive the treatment they need and to request compensation. The injured worker may also have a right to disability benefits and compensation, provided that their injuries meet certain standards and requirements.
Another facet of this issue involves the interpersonal side of filing a workmans’ comp claim. Legally, an injured employee has a right to non-retaliation. This means that an employee can not be penalized or discriminated against for having filed for workers’ compensation. The injured party also has the right to legal counsel. Filing a workmans’ comp claim can be difficult and time-consuming, but an attorney may be able to help ensure the process goes smoothly.
Speak to a Mississippi Workers’ Comp Attorney Today
The legal nuances of workmans’ comp are often opaque and difficult to comprehend, and many may find it difficult to follow without legal experience or training. This can lead to confusion, frustration, and even denied workmans’ comp claims. This may also limit the number of medical treatment options for injured employees. A skilled Pascagoula workmans’ comp lawyer from Lott Law may be able to help you evaluate medical treatment options. Consider scheduling a free consultation today by calling the office at (228) 215-2787.