MISSISSIPPI WORKERS COMPENSATION: WHAT BENEFITS ARE YOU ELIGIBLE FOR?

In Mississippi, private employers not in the farming, domestic work, or nonprofit industries and who have more than five employees are required to have workers’ compensation insurance policies for their personnel. To make a claim, an employee must notify their employer of their injury no more than 30 days after it occurred. Workers’ compensation covers medical bills, lost wages, permanent impairments, as well as a number of other expenses that might befall a workplace injury victim. Workers’ compensation covers both traumatic injuries caused by a single event and occupational injuries that develop over time.

If you are unable to work at your place of employment at full capacity, you may be eligible for disability benefits such as:

• Temporary Total Disability: Temporary total disability (TTD) covers two-thirds of the average weekly wage you were earning before the injury occurred up to an annually adjusted maximum ($494.48 as of 2019). Benefits continue until one of three things happens:
• You are able to return to work as before your injury.
• Your doctor concludes that your condition won’t improve any further (known as maximum medical improvement, or MMI).
• You have received TTD benefits for 450 weeks.
• Temporary Partial Disability: In some cases, you are able to return to your job after an injury but must work reduced hours or take a reduced workload that impacts your earnings. If your doctor limits your work to less than what you did before your injury, you may be entitled to temporary partial disability (TPD). TPD in Mississippi pays two-thirds of the difference between your average weekly earnings before and after the injury.
• Permanent Total Disability: Upon MMI, your doctor will assess whether you have a permanent disability that prevents you from working at all. If this is the case, you may be entitled to permanent total disability (PTD). PTD pays two-thirds of your average weekly earning prior to the injury for up to 450 weeks.
• Permanent Partial Disability: If your doctor concludes that your MMI allows you to return to a reduced workload, you may be entitled to permanent partial disability (PPD). If you have lost the use of certain body parts, you may be entitled to two-thirds of your weekly pay up to a period of time determined by Mississippi’s schedule of injuries.
• Disfigurement or Scarring: If your injury resulted in serious disfigurement or scarring of the face or head, you may be entitled to up to $5,000 one year following the injury.

Under Mississippi law, workers are provided additional benefits including:

• Medical coverage such as doctor’s visits, hospital bills, prescriptions, prosthetic devices, and travel to physician appointments
• Vocational retraining if you are no longer able to work in your old occupation
• Death benefits for the dependents of the relatives of an employee who died from a work-related injury or illness and reasonable funeral expenses up to $5,000

Workers’ compensation laws may seem straightforward, but profit-seeking employers and insurance companies will look for every loophole to try to get out of paying their fair share. This may include denying that your injury was work-related. If your benefits are denied, you may petition the Mississippi Workers’ Compensation Commission and follow a time-consuming appeals process. With the time constraints required for filing, doing it yourself is likely to result in your appeal being denied — if it’s ever heard in the first place. Hiring a Morgan & Morgan attorney ensures that your claim will be handled swiftly by experts every step of the way, allowing you to relax during your recovery.

When you’re the victim of a workplace injury, having someone on your side who knows your rights and workers’ compensation laws is crucial. At Morgan & Morgan, our Mississippi attorneys have recovered deserved benefits for workers just like you. To get started, fill out a free case evaluation form.