The average American works 40 hours per week. This amounts to around 25% of the week that will be spent outside of the home. The law provides certain protections for individuals who are injured on the job. These protections are generally broken into two categories in Mississippi. One set of protections involves workers compensation claims and the other injuries caused by a third party.
Workers Compensation Claims
In Mississippi any employer who has more than 5 employees who regularly progress the interests of the business will be required to provide worker compensation benefits to their employees. These Mississippi workers compensation benefits provide that the individuals making the claims do not have to prove any liability on the part of the employer to recover for their injuries. In Mississippi Workers Compensation claims the medical treatment required will be provided for under the terms of the Workers Compensation provisions so that the claimant does not have to come out of pocket for treatment. The trade off in workers compensation claims is that there is no recovery for pain and suffering.
Third Party Claims
When an injury occurs on the job but has been caused by a third party, the claimant has a decision to make on how to bring their claims. The claimant can bring both a workers compensation claim (and receive the medical benefits involved with the compensation claims, or file the third party claim against the individual for the entirety of the medical bills and pain and suffering.
If you or a loved one has been injured on the job please feel free to contact our firm if you would like to schedule a free consultation.
Any injury to an individual’s body or property is termed “Personal Injury” in the law. A Mississippi Personal Injury Attorney is an attorney who represents individuals who have been injured or had their property damaged as a result of someone else’s negligence or intentional act. The cases of negligence are often covered by insurance policies which only pay after there is a final determination in Court of the damages caused in the incident. This area of law is also called torts and the right to trial by jury is one of the tenants that our country was founded on.
There have been efforts in recent years to limit or eliminate an individual’s ability to take a case to court and make a recovery. These laws have been called Tort Reform and take the power to award fair damages out of the hands of individual citizens, even when an individual will be blind for life, or endure intense pain for the rest of their life. Powerful corporations funded the Tort Reform movement and continue to lobby for removing additional rights from a jury of peers.
Take Justice Back provides resources to those curious about tort reform.
Taking Justice Back is a great resource if you would like to know more about Mississippi Personal Injury Attorney (s) or Tort Reform in Mississippi.
Civil lawsuits for damages in tort involve three elements,
breach of duty causing injury
A case exists if there is some accepted behavior in society that is broken by an individual causing an injury to another person or property that causes damages. Examples of this would be that a driver of a car owes a duty to drive with reasonable care, when he drives negligently or recklessly and causes damages to another person he will be liable for ALL of the damages caused by his actions.
We as a people accept that there are standards that have to be upheld so that people and property are not injured or damaged willy-nilly. The only real ability we have to ensure that individuals in the community, corporations and insurance companies pay by the rules and act as responsible citizens is to ensure that each pays what is owed when push comes to shove. Without an accurate rendering of damages by a jury of what is actually owed there is an incentive for insurance companies, corporations and individuals to get away with as much as they can and then ask a jury to cut them a break in the courtroom. Sometimes these parties act intentionally, and mean to act, other times the individual staring at their cell phone instead of paying attention to the road needs to be made to understand that this behavior is not acceptable. Typically behavior that is outside of how we would expect a normal wise person to act is called negligent behavior, and injuries caused by this behavior will be compensable in damages. Our laws and society create many duties that we follow every day.
Mississippi Personal Injury Attorney
In certain areas of the law it has been decided that there are stronger duties, this is called strict liability. Areas that are dangerous and that society seeks to ensure will continue to have great attention and care taken in their execution will be set up this way. Current day examples include those who are responsible for the care of dangerous animals and those responsible for the production and transport of prescription medications or dangerous chemicals.
Once duty has been shown to exist, and there has been a breach of that duty causing damages, the question of how to put things back the way they were becomes imminent. In Civil litigation the jury is tasked with making a determination of the value of what has bene lost by the injured person after hearing the presented evidence. Sometimes what this amount is. In some situations there is an offer of a low-ball insurance settlement to settle the case and make it go away. Often these offered settlements are far below the actual loss and the injured person is forced to take the case to trial. Trial is the last effort to finally resolve what should be paid to the injured party and often the injured person has been waiting for two years or longer with their injuries and any lost wages.
If you have been injured as a result of someone else’s negligence there are several things you should know. The first thing will be to make sure you seek medical attention if needed. The medical records generated will be important in documenting your injuries. Once you have sought medical attention it may be time to consult with insurance providers. It is often helpful to talk with an attorney after your initial medical treatment to determine your next steps. If you retain an attorney, your attorney will help in the process of giving statements to the insurance company and help put together the different aspects of your case. It is always a good idea to be cooperative with the police and with your treating physicians and to tell them about your injuries, any places you are feeling pain. You may be surprised how often injured people focus on just one area of their injuries in their first several visits. Sometimes it takes time for injuries to manifest, when the individual attempts to go through a normal day or return to work. Being clear and concise with authorities and medical providers is very important.
Mississippi Statutes as well as National (Federal) statutes require certain assurances for employees from employers. These laws require that an employer, or sometimes your employer’s insurance company provide compensation for your family or you when you are injured while working. This includes:
Benefits each week if you are unable to work in the short term or permanently unable to work.
Coverage of your medical bills.
Payment for disability on a weekly or lump sum basis for an on the job injury.
I am injured, what should I do?
The first step in any Worker’s Compensation claim in Mississippi is to report the injury immediately to your employer. The next step will be to seek out medical treatment and go to any follow-up visits you are assigned to. At this time it may be a g00d time to call a Mississippi Worker’s Compensation Attorney to discuss your rights.