Most people have faith that their employers have taken all necessary precautions to ensure a safe working environment. Unfortunately, workplace accidents occur all too frequently. A Tupelo workers' compensation lawyer can help you handle the claim process while you concentrate on your health.
Mississippi's workers' comp system has specific rules, and you need someone on your side who can address them. The team at Richard Schwartz & Associates is ready to answer your questions and protect your interests.
We work with injured employees across Mississippi to pursue their benefits. Call our office today at (662) 584-4330 for a free consultation about your case.
Table of Contents
- Key Takeaways
- Why Choose Richard Schwartz & Associates for Your Workers' Comp Claim
- The Role of a Tupelo Workers' Compensation Lawyer
- Understanding Your Benefits Under Mississippi Law
- Common Challenges in Workers' Compensation Claims
- What Happens When a Workers’ Comp Claim Is Denied?
- FAQ for Tupelo Workers' Compensation Lawyer
- Bringing Clarity to Your Claim
Key Takeaways
- Mississippi law requires you to report your work injury to your employer promptly.
- You have the right to select your own physician for treatment after an initial period.
- Workers' compensation benefits can cover medical treatments and a portion of your lost wages.
- Your employer's insurance carrier may dispute or deny a valid workplace accident claim.
- An attorney can manage communications with the insurance company on your behalf.
Why Choose Richard Schwartz & Associates for Your Workers' Comp Claim
When you need a workplace accident lawyer in Tupelo, you want a firm committed to your community with a history of fighting for Mississippi workers. Our team brings a focused and disciplined approach to every case we handle.
Richard Schwartz & Associates is dedicated to providing clear guidance and strong representation.
A Deep Connection to Tupelo
Our firm has deep roots in Mississippi, and we proudly serve the people of Tupelo. We know this city, from the historic downtown districts to the commercial centers. Whether you work in manufacturing near US-78, in retail at The Mall at Barnes Crossing, or for a local business off Main Street, we’re here to support you.
We believe our local presence gives us a unique perspective on the challenges facing workers in our community.
A Record of Defending Mississippi Workers
Our Tupelo workers’ compensation lawyers have decades of experience fighting for the rights of injured people and a track record of recovering compensation for those who have been hurt. We handle a wide range of Mississippi workers' comp claims, giving us a broad base of experience.
Our firm doesn’t just process cases; we build them with purpose and attention to detail. This method allows us to challenge denials and seek the full range of benefits available for our clients.
Direct and Clear Communication
The workers' compensation system can be confusing, filled with legal terms and complex procedures. Our job is to clarify your rights and options at every stage. We communicate directly with you about your case's progress and what to expect next.
When you need help with your workers' comp claim, let our team stand with you. We structure each case for clarity and strength. Call Richard Schwartz & Associates at (662) 584-4330 to discuss your situation.
The Role of a Tupelo Workers' Compensation Lawyer
After a workplace injury, an attorney acts as your advocate and guides you through the claims process. They manage the legal and administrative tasks so you can focus on healing.
A Tupelo workers’ compensation lawyer takes over all communications with your employer and their insurance carrier. This stops adjusters from contacting you directly or pressuring you into a quick, low settlement.
We investigate the circumstances of your accident to build a comprehensive claim file. This involves gathering evidence, speaking with witnesses, and obtaining official reports. Having a strong file from the start can prevent many common disputes that lead to delays or denials.
The support we provide includes:
- Gathering Evidence: We collect all relevant medical records, accident reports, and employment documents to support your claim.
- Filing Assistance: Our team prepares and files all necessary paperwork with the Mississippi Workers' Compensation Commission, ensuring it’s accurate and on time.
- Negotiation: We articulate the facts of your case and handle all negotiations with the insurance company for a fair resolution.
- Hearing Representation: If your claim is denied and a hearing is required, we represent you before an administrative judge to argue your case.
Ultimately, your lawyer works to secure the benefits you need. This means fighting for full payment of medical bills and appropriate wage replacement benefits.
Understanding Your Benefits Under Mississippi Law
The Mississippi Workers' Compensation Act outlines the benefits available to employees who are injured on the job. These benefits cover the costs of the injury and provide financial support while you are unable to work.
The system is a no-fault system, which means you don’t have to prove your employer was negligent to receive benefits. The primary goal of these benefits is to help you recover and return to work if possible.
Medical Benefits
Workers’ compensation covers all reasonable and necessary medical treatment for your work-related injury paid for by your employer's workers' compensation insurance. This coverage begins the moment your injury occurs and continues as long as you require medical care.
The medical benefits you may receive include:
- Emergency Care: This includes the ambulance ride, emergency room visit, and any immediate procedures following the accident.
- Doctor's Visits: All follow-up appointments with your treating physician and any approved specialists are covered.
- Hospital Stays: If your injury requires you to be hospitalized, these costs are included in your medical benefits.
- Prescription Medications: Your benefits include any medications prescribed by your doctor to treat the work injury.
- Physical Therapy: Rehabilitation services needed to help you regain function and strength are also included.
Disability Payments
If your injury prevents you from working, you may be eligible for disability payments to replace a portion of your lost wages. There are four types of disability benefits, and the type you receive depends on the severity and duration of your injury.
A Tupelo workers’ comp attorney can help determine which benefits apply to your situation.
We can help you seek compensation for:
- Temporary Partial Disability (TPD): You may be able to claim these advantages if you can return to work with certain limitations. For example, if you can’t earn 80% of your pre-injury income, you might be eligible for TPD benefits for 104 weeks.
- Temporary Total Disability (TTD): If you cannot work due to a workplace accident or illness, you may be eligible for these perks. You would receive 66.67% of your average weekly pay up to a maximum that is adjusted on an annual basis.
- Permanent Partial Disability (PPD): After you reach Maximum Medical Improvement (MMI), your doctor may assign a permanent impairment rating. For scheduled body parts, any rating above 0% typically results in benefits based on the statutory schedule.
- Permanent Total Disability (PTD): If you have a debilitating condition that prevents you from working, you may be eligible to receive TTD benefits at the same rate as PTD payments. These benefits are paid for 450 weeks following the day of your accident.
Death Benefits
Certain surviving family members may be compensated for the loss of a loved one who dies as a result of an accident or sickness at work. The number of dependents determines the compensation amount, and it cannot exceed two-thirds of the employee’s usual weekly income for 450 weeks. Funeral expenses are also covered.
Common Challenges in Workers' Compensation Claims
Even in cases where a workplace injury is legitimate and properly reported, disputes can arise. Insurance carriers may look for reasons to limit or deny benefits, creating obstacles for injured workers.
One common issue is a disagreement over the cause of the injury. An insurer might argue that your injury was not work-related or that it stemmed from a pre-existing condition. Clear medical evidence that links your injury directly to your job duties is the best way to counter this claim.
Another challenge involves disputes about the extent of your disability. The insurance company's doctor may claim you can return to work before you are medically ready. They may also contest the necessity of certain medical treatments recommended by your doctor.
This can put you in a difficult position, but you have the right to a second opinion and to present evidence from your chosen physician.
Insurance companies may create other issues, including:
- Delayed Payments: The insurer may be slow to approve treatments or send disability checks, causing financial strain.
- Improper Denial: A claim may be denied for technical reasons, such as a supposedly missed deadline or incomplete paperwork.
- Low Settlement Offers: The company may offer a lump-sum settlement that doesn’t fully cover your future medical needs and lost earning capacity.
- Surveillance: In some cases, insurers hire private investigators to monitor your activities in an attempt to prove you are not as injured as you claim.
What Happens When a Workers’ Comp Claim Is Denied?
Receiving a notice that your workers' compensation claim has been denied can be disheartening. However, a denial isn’t the end of the road. Mississippi law provides a clear appeals process that allows you to challenge the insurance company's decision.
The first step is to file a Petition to Controvert with the Mississippi Workers' Compensation Commission. This is a formal legal document that initiates the dispute resolution process, and a Tupelo workers’ compensation attorney can file it for you.
The Hearing Process
After you file your petition, your case goes before an administrative law judge. This hearing is like a trial where both sides present evidence. Your attorney will prepare you, gather testimony, and cross-examine witnesses.
The purpose of the hearing is for the judge to review all the evidence and make an independent decision about your entitlement to benefits. The judge can order the insurance company to pay for medical treatments, award back pay for disability benefits, and reinstate your claim.
Further Appeals
If you or the insurance company disagrees with the administrative judge's decision, the ruling can be appealed to the whole Workers' Compensation Commission. The Commission will review the record from the hearing and issue a written opinion.
If either side remains unsatisfied, the case can be further appealed into the state court system. This multi-level appeals process provides several opportunities to reverse an improper denial.
Throughout these stages, your Tupelo workers’ comp lawyer will manage your case, file all necessary briefs and motions, and represent you at all proceedings; you don't have to face the appeals process alone.
FAQ for Tupelo Workers' Compensation Lawyer
How Long Do I Have To File a Workers' Comp Claim in Mississippi?
In Mississippi, you must notify your employer of your work-related injury within 30 days of the incident. After notifying your employer, you generally have two years from the date of the injury to file a formal claim with the Mississippi Workers' Compensation Commission.
Failing to meet these deadlines can jeopardize your ability to receive benefits, so seek legal help quickly after a workplace injury.
What Benefits Are Available Under Mississippi Workers' Comp?
The main benefits include coverage for all reasonable and necessary medical care related to your injury, including doctor visits, surgery, and prescriptions. You may also receive wage replacement benefits if you cannot work, categorized as temporary or permanent disability payments.
In some cases, vocational rehabilitation services are also available to help you return to the workforce.
How Does a Tupelo Workers' Compensation Lawyer Help My Case?
A Tupelo workers' compensation lawyer acts as your advocate throughout the entire process. They handle filing all necessary paperwork, manage all communications with the insurance company, and gather the evidence needed to support your claim.
If your claim is denied, your attorney will represent you at hearings and in appeals to fight for the benefits you need.
Can I Be Fired for Filing a Workers' Compensation Claim?
Mississippi law prohibits employers from retaliating against an employee for filing a workers' compensation claim in good faith. This means your employer cannot legally fire you, demote you, or otherwise punish you for exercising your right to seek benefits for a work-related injury.
If you believe you have faced retaliation, you may have grounds for a separate legal action against your employer.
What if a Third Party Caused My Injury?
If your work injury was caused by the negligence of someone other than your employer or a coworker, such as another driver in a work-related car wreck, you may have a third-party liability claim in addition to your workers' comp claim.
This is a separate personal injury lawsuit against the at-fault party. A successful third-party claim can allow you to recover damages that are unavailable through workers' comp, such as compensation for pain and suffering.
Bringing Clarity to Your Claim
The path to recovery after a work injury involves more than medical care; it demands a clear strategy and a strong voice to protect your rights. You don't have to go through the confusing claims process on your own.
Richard Schwartz & Associates can build your claim and present a coherent case on your behalf. Let us handle the legal details while you focus on getting better. For a free consultation, contact Richard Schwartz & Associates at (662) 584-4330.