Following a workplace accident, injured claimants may be eligible to recover workers’ compensation including costs of medical expenses, and lost wages. A knowledgeable workers’ compensation lawyer could review the facts of your case and help you seek the benefits you and your family need. Speak to a seasoned attorney to learn about workers’ compensation benefits in Pascagoula.
The only two benefits for workers’ compensation are wage and medical benefits. Reimbursement of lost wages or two-thirds of your average weekly wage, is meant to compensate you while out of work for the on-the-job injury. The medical benefits or any of the benefits for medications, medical treatment, surgeries and any related treatment of the injured employee is to compensate for medical expenses.
The amount of workers’ compensation benefits an individual will receive is related to the amount of money they make because the amount paid is two-thirds of their average weekly wage. However, there are maximums and minimums in the State of Mississippi and under federal statutes, regardless of how much or how little they make, then they will be compensated within that bracketing system.
If the injured worker was not injured within the course and scope of their employment (they sustained an injury that is unrelated to their employment), they may not be compensated for their injury. They may not be compensated for failing a drug or alcohol test required if injured on-the-job. The State of Mississippi prohibits any kind of compensation for anybody under the influence of drugs or alcohol.
Medical benefits may be denied if the physician feels the injuries are unrelated to the employment. Sometimes there is a question whether the individual was on the clock at work or off the clock at work, and if it was deemed the individual was off the clock, then that may be deemed not compensable under workers’ comp. Furthermore, if they were doing something unrelated to their specific job, then they could be denied benefits.
Future medical benefits are unlimited, and they will go on as long as the medical need is there. The wage benefit is only available for 450 weeks. In Mississippi, there is no limitation on compensation benefits. However, the Department of Labor, the Longshoreman’s Act, does have limits on compensation. But even longshoremen benefits would be reduced if that individual obtains social security benefits. Medical benefits unrelated to their work may overtake the employment-related injury, and that may cut-off future medical benefits and compensation.
If someone is receiving unemployment benefits, they are not entitled to workers’ compensation for wages. If the injuries were related to the employment that they were released from, the only other way they could receive unemployment and workers’ compensation is if they were released from a previous job that was unrelated to the workers’ compensation-related job. Otherwise, there is no way collecting unemployment and workers’ compensation at the same time.
If income benefits have been denied based upon the Petition for Benefits filed by the injured worker, a workers’ comp lawyer could help. The attorney can refile the Petition for Benefits to obtain those benefits for the injured worker. The biggest fight is for necessary medical benefits when the employer or insurance company believes they are not necessary for the injury. This can cause a constant battle between what the treating physician considers appropriate treatment for the injuries and what the insurance company is willing to pay.
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Call today to learn about an attorney could help you seek workers’ compensation benefits in Pascagoula.