A workplace injury can change your income, your health, and your family’s plans in a single day. If you were hurt on the job in the capital area, a Jackson, MS workers’ compensation lawyer can help you claim the benefits Mississippi law provides.
At Richard Schwartz & Associates Injury Lawyers, P.A., we guide injured workers through the claims process and press for the medical care and wage benefits they are owed.
Our team has stood with Mississippi families for more than four decades, and we have recovered over $1 billion for injured people across the state. Our Mississippi workers’ compensation attorneys review your claim at no cost and explain your options in plain language. Call (601) 800-5559 today, because when you are hurt and unsure what comes next, one call, that’s all.
Table of Contents
- Table of Contents
- Can You Sue Your Employer for a Work Injury in Mississippi?
- What Benefits Does Mississippi Workers’ Compensation Provide?
- What Does the Workers’ Compensation Claim Process Look Like?
- Common Workplace Injuries We Handle in Jackson
- Deadlines Every Injured Worker in Jackson Should Know
- What If a Third Party Caused Your Workplace Injury?
- When the Insurance Company Denies Your Claim
- Workers’ Comp and Long-Term Disability
- Why Injured Workers Across Mississippi Choose Us
- FAQs Answered by Our Jackson Workers’ Compensation Lawyers
- Talk With a Jackson Workers’ Compensation Lawyer Today
Can You Sue Your Employer for a Work Injury in Mississippi?
Generally, no, but there is an important exception. In Mississippi, workers’ compensation is the exclusive remedy against your employer, which means you usually cannot file a personal injury lawsuit against the company you work for. In exchange, you can receive medical and wage benefits without proving your employer did anything wrong.
This trade-off sits at the heart of the system. You give up the right to take your employer to court, and in return, you receive benefits on a no-fault basis. That holds true even when the accident was partly your own doing.
The no-fault design is meant to help you, not the insurer. Because you do not have to prove blame, you can begin receiving medical care and wage benefits while you focus on getting better.
There is one key exception we look for in every case. When someone other than your employer helped cause your injury, such as a negligent driver, an outside contractor, or an equipment maker, you may have a separate claim against that party. We explain that path in detail below.
What Benefits Does Mississippi Workers’ Compensation Provide?
Mississippi workers’ compensation pays for your medical treatment and replaces part of your lost wages while you recover. The wage benefit is generally two-thirds of your average weekly wage, up to a state maximum set each year.
Many injuries we handle in the Jackson area happen in warehouses, on construction sites, and in healthcare settings along the Interstate 55 and Interstate 20 corridors. Depending on your injury, your benefits may include:
- Medical care, including doctor visits, hospital stays, surgery, prescriptions, and approved therapy tied to the work injury.
- Temporary disability pay that replaces wages while you cannot work or can only work reduced hours.
- Permanent partial disability benefits when a lasting impairment affects part of your body or your earning power.
- Permanent total disability benefits when a serious injury keeps you from returning to gainful work.
- Death benefits that support a surviving spouse and dependents when a worker dies from a job injury.
Every claim is different, and the value of your benefits depends on your wages, your medical records, and the lasting effect of your injury. As a work injury lawyer in Jackson, MS, we make sure none of those pieces get overlooked.
What Does the Workers’ Compensation Claim Process Look Like?
The workers’ compensation process follows a clear path, even though each claim moves at its own pace. It starts the moment you report your injury and continues until your benefits are paid or your dispute is resolved. In most cases, the steps look like this:
- Report the injury to your employer in writing, and get medical care right away.
- The employer notifies its insurer, which opens a claim and reviews your treatment.
- You begin receiving medical and wage benefits, or the insurer disputes some or all of your claim.
- If your claim is denied, we file with the state and request a hearing before an administrative judge.
Knowing the path ahead takes some of the worry out of a hard time. We handle the filings and the deadlines so you can focus on your recovery, and we keep you informed at every step.
Common Workplace Injuries We Handle in Jackson
Almost any serious injury can happen on the job, from a single hard fall to harm that builds up over years of the same task. Across warehouses, plants, hospitals, and job sites in the Jackson area, the injuries we see most often include:
- Back, neck, and spine injuries from lifting, falls, or heavy equipment.
- Broken bones and crush injuries from machinery and vehicle accidents.
- Repetitive-stress conditions that develop from the same motion over time.
- Burns, cuts, and injuries from unsafe tools or chemicals.
- Head and brain injuries from falls or from being struck by an object.
No two injuries carry the same weight, and the right approach depends on your work, your health, and your future. Whatever your injury, our team treats it as the serious matter it is.
Deadlines Every Injured Worker in Jackson Should Know
Two deadlines control most Mississippi workers’ compensation claims. You have 30 days to report your injury to your employer, and two years to file a formal claim with the Mississippi Workers’ Compensation Commission. These limits come from Mississippi’s workers’ compensation statute, and missing either one can end your right to benefits.
Reporting early protects your claim. Prompt written notice creates a record, and it limits the arguments an insurer can raise later about how or when you were hurt.
Mississippi also caps how long wage benefits last. Permanent disability payments are limited to 450 weeks, so the way your injury is documented at the start can shape your recovery for years.
If you are close to a deadline, do not wait to call. Even a short delay can cost you benefits, and we would rather help you early than watch a strong claim slip away.
What If a Third Party Caused Your Workplace Injury?
If someone other than your employer caused your injury, you may be able to file a separate personal injury claim on top of your workers’ compensation benefits. Mississippi law preserves this right, and these third-party claims often recover far more than comp alone.
Specifically, workers’ compensation only covers the relationship between you and your employer. When an outside party contributes to the harm, state law lets you pursue that party directly while you continue collecting comp benefits. Common third-party situations we investigate include:
- A negligent driver who hits you while you are working or driving for the job.
- A subcontractor or another company’s crew on a shared job site.
- A manufacturer of defective equipment, machinery, or safety gear.
- A property owner whose unsafe conditions caused a fall or other injury.
A third-party claim can pursue damages that workers’ comp does not pay, such as your full lost wages and pain and suffering. Reviewing your accident for a third-party angle is one of the most valuable things a workers’ comp attorney in Jackson, Mississippi, can do for you.
These claims take extra work, and that work pays off. A careful third-party investigation may uncover insurance coverage and responsible parties that a standard comp claim would never reach.
When the Insurance Company Denies Your Claim
A denial is not the end of your case. Insurers turn down valid claims for many reasons, and denied workers’ compensation claims can often be challenged successfully with the right records and testimony. Common reasons for a denial include:
- The insurer claims your injury is not related to your job.
- Your report or paperwork arrived late or contained errors.
- A pre-existing condition is blamed for your current symptoms.
- The insurer disputes the treatment your doctor recommends.
Each of these reasons can be answered. If your claim was denied in the Jackson area, we can request a hearing before an administrative judge and press for the benefits you are owed.
At that hearing, the judge reviews medical records, testimony, and the facts of your injury. We prepare that evidence carefully, because a strong presentation is often what turns a denial into an approval.
Workers’ Comp and Long-Term Disability
When a job injury keeps you from working long-term, workers’ compensation may not be your only source of support. You may also qualify for Social Security Disability benefits, which can work alongside a comp claim in certain situations.
These are separate systems with separate rules. Workers’ compensation comes from the state and covers job-related injuries, while Social Security Disability is federal and covers a longer-term inability to work from any cause.
When both may apply, coordination matters. Benefits from one program can reduce the other, so planning the two together helps protect your total income.
Why Injured Workers Across Mississippi Choose Us
For more than 40 years, Richard Schwartz & Associates has stood with injured people across Mississippi. Our reputation was built the hard way, one client and one result at a time, and Attorneys and Practice Magazine has ranked our firm among the top personal injury firms in the state.
Here is what you can expect when you work with us:
- Deep experience handling Mississippi injury and workers’ compensation cases.
- Real results, with more than $1 billion recovered for the people we represent.
- Local roots, with an office in Jackson and five more across the state.
- Around-the-clock access, because we are open 24 hours, and your first consultation is always free.
When you are hurting and worried about the bills, you should not have to wait for answers. Call Richard Schwartz & Associates at (601) 800-5559 for a free consultation. One call, that’s all.
FAQs Answered by Our Jackson Workers’ Compensation Lawyers
Here are answers to questions that injured workers in the Jackson area ask us most often.
Do I have to pay a workers’ compensation lawyer up front?
No. We handle workers’ compensation matters on a contingency basis, so your first consultation is free and there is no upfront cost to you. Our fee comes as a portion of the benefits we help you recover.
Can I choose my own doctor for a work injury in Mississippi?
Usually the employer or its insurer selects the first treating physician. You do have the right to request a change of doctor through the state Commission, and we can help you make that request the right way.
Can I be fired for filing a workers’ compensation claim?
Mississippi law protects workers who file a claim in good faith from retaliation. If you believe you were punished for reporting a work injury, tell us so we can look into it.
What if my employer does not carry workers’ compensation insurance?
An employer that is required to carry coverage but fails to do so can lose the protection that normally keeps it out of court. In that situation, you may be able to pursue your claim as a lawsuit instead.
Does workers’ compensation cover injuries that develop over time?
Yes. Repetitive-stress conditions and occupational illnesses can qualify when they are tied to your job duties. These claims turn on medical evidence, so early documentation is important.
How long does a workers’ compensation case take?
It depends on your case. An uncontested claim can move quickly, while a disputed claim that goes to a hearing takes longer. We work to keep your benefits flowing and your case moving.
Talk With a Jackson Workers’ Compensation Lawyer Today
You do not have to figure out the workers’ compensation system alone, and you do not have to wait. Richard Schwartz & Associates is here 24 hours a day to answer your questions and protect your right to benefits.
Call us now at (601) 800-5559 for a free, no-pressure consultation with a Jackson workers’ compensation lawyer. When you are hurt on the job, one call, that’s all.