Workers’ Compensation FAQs Part 1

Nov 18 2015

As an attorney, I have represented more than 500 injured Mississippi workers.  And of those more than 500, probably 498 of them have all had the same (or at least similar) questions regarding their claim:  “Where’s my check?”  “What about my pain and suffering?”  “Can’t we sue the company?” etc. etc.

So, as a quick reference guide, here are some very brief answers to Mississippi Workers’ Compensation FAQs.

What is workers’ compensation?

At its most basic level, workers’ compensation is insurance that is provided by employers who employ 5 or more employees.  A pretty good summary of the laws dealing with workers’ compensation can be found here.

What does workers’ compensation cover?

 It covers three things: 1) Medical costs associated with the work injury (present and future costs); 2) temporary total disability (commonly referred to as workers’ comp checks); and 3) permanent partial or permanent total disability (most commonly a lump sum settlement).

How much are my workers’ comp checks supposed to be?

I hate answering this one… 66 2/3% of your average weekly wage at the time of the injury.  It is capped at $463.59.  Why do I hate answering it?  Because that question is normally followed by “How am I supposed to pay my bills?”  I don’t have a good answer or reference guide for that one.

Can’t I get pain and suffering?  

No.  You’re limited to the three benefits we listed above.

But it was my boss/co-worker/manager’s fault.  Can’t we sue them? 

No.  Fault doesn’t matter when we’re talking about workers’ comp – even if you were the one at fault – you still get paid.  Also, Mississippi has what is called the exclusive remedy law.  Unless you were injured due to the negligence of a third party, workers’ comp is all that is available.

This has been Part 1 of the FAQs for Mississippi Workers’ Compensation.  Please check back for updates.


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