Workers’ comp is a state-mandated insurance program that provides financial support to workers injured or ill due to a work-related condition. The system is supposed to help, but its rules can be confusing. A Hattiesburg workers' compensation lawyer documents the full extent of your claim and pursues the benefits you need.
The team at Richard Schwartz & Associates is ready to listen to your story and clarify your rights. Call us today at (601) 299-4540 for a direct conversation about your situation.
Table of Contents
- Key Takeaways
- Why Choose Richard Schwartz & Associates for Your Workers’ Comp Claim
- Understanding Mississippi Workers’ Compensation Benefits
- What Happens When a Workers’ Compensation Claim Gets Denied?
- The Role of a Hattiesburg Workers’ Compensation Lawyer
- 4 Steps To Protect Your Rights After a Work Injury
- FAQ for Hattiesburg Workers’ Compensation Lawyer
- Let Us Fight for Your Benefits
Key Takeaways
- Mississippi's workers' compensation system is a no-fault program, meaning you don’t have to prove your employer was negligent to receive benefits.
- You must report your work-related injury to your employer within 30 days to protect your eligibility for benefits.
- Your employer's insurance carrier can choose the doctor you see for your initial medical treatment.
- Workers' compensation provides benefits for medical treatment, disability, and vocational rehabilitation if you cannot return to your previous job.
- An insurer might deny your claim for various reasons, but a denial doesn’t automatically mean your case is over.
Why Choose Richard Schwartz & Associates for Your Workers’ Comp Claim
After a workplace accident, you need a team that knows the local landscape and has the experience to handle your case effectively. With over 100 years of combined experience, our Hattiesburg workers’ compensation attorneys are ready to get your benefits.
A Local Firm
We’re not a nationwide firm that sees you as just another case number. Richard Schwartz & Associates has offices throughout Mississippi, including a dedicated presence in Hattiesburg. Our local connection helps us understand the unique challenges workers face in our area.
We know the local industries, from the manufacturing plants to the healthcare facilities at Forrest General Hospital and Merit Health Wesley.
We Clarify the Complexities of Your Case
The workers' compensation process involves complex paperwork and strict deadlines. We help you assemble all the necessary information, from medical bills to employment records, to build a solid claim. Our goal is to make the process as straightforward for you as possible.
We manage the communications with the insurance company on your behalf. Our team works diligently to uncover all potential sources of recovery for you.
Focused on Results
Our reputation is built on the results we achieve for injured people. We will meticulously document your injuries and their impact on your life to create a compelling case. When you work with a Hattiesburg workers' compensation lawyer from our firm, you get a dedicated advocate.
Contact Richard Schwartz & Associates at (601) 299-4540 to learn how we can help.
Understanding Mississippi Workers’ Compensation Benefits
The Mississippi Workers' Compensation Act outlines specific benefits designed to help you while you recover. These benefits fall into a few key categories that address different aspects of your loss.
An experienced Hattiesburg workers' compensation lawyer can help you pursue the full range of benefits available for your situation.
Medical Benefits
Under Mississippi law, your employer and their insurance carrier are responsible for providing all necessary medical treatment related to your work injury. This isn’t limited to just the initial emergency room visit.
This coverage is meant to be comprehensive. It includes the following:
- Emergency Care: This covers the ambulance transportation, emergency room care, and any immediate medical interventions required after the incident.
- Doctor's Visits: Benefits cover all follow-up appointments with your doctor and any approved specialists.
- Hospital Stays: Your benefits will cover the costs if your injury requires hospitalization.
- Prescription Medications: Your benefits include any medications that your doctor prescribes to treat your injury.
- Physical Therapy: Rehabilitation is also included to help you regain function and strength.
- Medical Devices: Your compensation may include crutches, braces, or other equipment essential for your recovery.
Disability Benefits
If a work-related injury stops you from earning your regular wages, disability benefits can provide financial support. This assistance helps replace some of the income you lose while recovering. The severity of your injuries and the recovery time determine the specific benefit you receive.
A Hattiesburg workers’ comp lawyer can evaluate your specific case to clarify which benefits are appropriate.
These payments fall into four distinct categories:
- Temporary Partial Disability (TPD): You can receive these benefits if you can return to some form of work, but with limitations that result in lower pay. For instance, if you cannot make at least 80% of your pre-injury wages, you could be eligible for TPD payments for 104 weeks.
- Temporary Total Disability (TTD): When an injury completely prevents you from performing your job for a limited time, you receive these benefits. Payments are calculated at 66.67% of your average weekly wages, up to a maximum amount set by the state each year.
- Permanent Partial Disability (PPD): After your medical condition stabilizes and you reach Maximum Medical Improvement (MMI), a doctor may give you a permanent impairment rating. Any rating for a scheduled body part, such as a hand or foot, typically results in benefits based on a statutory chart.
- Permanent Total Disability (PTD): You may qualify for PTD if an injury leaves you with a condition that permanently keeps you from holding any job. These benefits are paid at the same rate as TTD for up to 450 weeks from the date of the accident.
Death Benefits
When a worker tragically dies because of a workplace accident or illness, certain surviving relatives can receive death benefits. The total compensation is based on the number of dependents and cannot be more than two-thirds of the employee's average weekly earnings for a maximum of 450 weeks. This benefit also includes an allowance for funeral expenses.
What Happens When a Workers’ Compensation Claim Gets Denied?
A denial letter for your workers' compensation claim doesn't mean your case is over. Insurance providers often deny claims for various reasons, such as missed deadlines or disagreements about the work-relatedness of the injury.
When an insurer denies your claim, you have the right to challenge that decision. The first step is typically to file a Petition to Controvert with the Mississippi Workers' Compensation Commission. This formally starts the legal process that brings your case to an administrative judge.
Our Hattiesburg workers’ comp attorneys regularly help clients whose claims were initially rejected. We assemble the medical evidence and witness testimony needed to counter the insurer’s reasoning.
We can file the necessary appeals and represent you at hearings to fight for a fair outcome. Don't give up just because of a denial letter.
The Role of a Hattiesburg Workers’ Compensation Lawyer
While the workers' compensation system was designed to be straightforward, it rarely is. Insurance companies have adjusters and attorneys working to protect their financial interests. A Hattiesburg workers' compensation lawyer protects your rights and manages the legal burdens of your claim.
We document every detail and communicate with the other parties involved. This allows you to place your energy where it belongs: on your physical recovery.
Managing Deadlines and Paperwork
Strict procedural rules and deadlines govern the workers' compensation process. For example, you have 30 days to report your injury to your employer. You also have a two-year statute of limitations from the date of the injury to file a formal claim.
Missing one of these deadlines can jeopardize your entire case. Your attorney is responsible for tracking all dates and filing all paperwork correctly and on time. We assemble your medical records and employment history to ensure your file is complete and accurate.
Proving Your Case
Even in a no-fault system, disputes often arise. The insurance company might argue your injury didn’t happen at work, that it was a pre-existing condition, or that you aren't as disabled as your doctor says you are. To counter these arguments, you must present strong evidence.
Your Hattiesburg workers’ comp lawyer collects the information needed to support your claim, including:
- Medical Records: We gather all reports, test results, and physician notes documenting your injury.
- Doctor Depositions: We may interview your doctor under oath to create a clear record of their medical opinion.
- Witness Statements: We speak with coworkers or others who saw the accident happen to reconstruct the event.
- Expert Opinions: Sometimes, we hire vocational experts to assess long-term earning capacity.
Negotiating a Fair Settlement
Most workers' compensation cases end in a settlement rather than a formal hearing. A settlement is a lump-sum payment that closes out your case. The insurance adjuster aims to settle your claim for the lowest amount possible.
Your attorney’s role is to calculate your claim's full, long-term value and negotiate for a fair resolution. We factor in your future medical needs, lost earning capacity, and any permanent impairments.
Your lawyer advises you on whether a settlement offer is fair and helps you make the best decision for your future.
4 Steps To Protect Your Rights After a Work Injury
After being injured on the job, you have specific rights under Mississippi law. Taking the right actions from the start can safeguard your claim and protect your access to benefits.
Take these steps now:
- Report the Injury Immediately: Notify your supervisor (in writing) about your injury as soon as possible. Include the date, time, and a factual description of the accident.
- Get Prompt Medical Care: See a doctor authorized by your employer or insurer without delay. Your health and case are at stake, so follow the doctor’s complete treatment plan, including attending all follow-up appointments and physical therapy sessions.
- Be Careful When Speaking to the Insurance Adjuster: When you speak with the insurance company's representative, provide only the direct facts about the incident. Don’t offer opinions, guess about details, or agree to give a recorded statement without legal advice.
- Don’t Sign Documents Before a Legal Review: Insurance companies may send you forms to sign that could affect your rights. Before signing any releases or settlement agreements, have a Hattiesburg workers' compensation lawyer review them to ensure you’re not making a mistake that could weaken your claim.
FAQ for Hattiesburg Workers’ Compensation Lawyer
What if My Employer Doesn’t Have Workers' Compensation Insurance?
Mississippi law requires most employers with five or more regularly employed workers to carry workers' compensation insurance. If your employer fails to do so, they may be subject to penalties.
You may also have the right to file a personal injury lawsuit directly against them in civil court, where you could pursue a wider range of damages.
How Does a Hattiesburg Workers’ Compensation Lawyer Help My Case?
A Hattiesburg workers’ comp lawyer advocates for your rights throughout the entire process. Your lawyer handles communications with the insurance company, files all necessary legal documents on time, and gathers the evidence to support your claim.
If your claim is denied, your attorney can represent you in the appeal.
What Benefits Can I Receive From Mississippi Workers' Comp?
Key benefits cover all reasonable and necessary medical care related to your injury, including doctor visits, surgery, and prescriptions. If you’re unable to work, you may also be eligible for wage replacement benefits, categorized as temporary or permanent disability payments.
Additionally, vocational rehabilitation may be available to assist you in re-entering the workforce.
What Should I Do After a Work Injury in Hattiesburg?
Report the injury to your immediate supervisor or employer as soon as possible, but no later than 30 days after the incident. Seek prompt medical attention. For the initial visit, you generally must see a physician chosen by your employer or their insurance carrier.
Can I Choose My Own Doctor for Treatment After a Work Injury?
Initially, your employer or their insurer has the right to direct your medical care. However, if you’re not satisfied with the chosen doctor, you may have the option to petition the Mississippi Workers’ Compensation Commission for a change in physician.
Let Us Fight for Your Benefits
A work injury can feel like a sudden fracture in your life's foundation, leaving everything feeling unstable and uncertain. A Hattiesburg workers’ comp attorney can help you rebuild your financial stability and confidence.
Let our experienced legal team manage the details of your claim. Contact Richard Schwartz & Associates now at (601) 299-4540 for a free consultation.