Harrison County Workers’ Compensation Lawyer
Suffering an injury while on the job often leaves many people frustrated and demoralized. The injured worker may wonder what he or she has done to deserve this fate and what he or she can do to continue to support his or her family.
Thankfully, state law requires almost every employer with at least five workers to obtain a workers’ compensation insurance policy. These policies provide medical coverage at no cost to you and may include cash payments for all time that you miss at work.
A Harrison County workers’ compensation lawyer could help you or a loved one if you are facing a denial of workers’ compensation benefits. This includes cases of total denial and situations where you are not satisfied with a proposed settlement. An experienced personal injury attorney could help gather evidence needed to fight a denial and take the necessary steps to protect your legal rights.
When Does Workers’ Compensation Protection Apply?
According to Mississippi Code Annotated §71-3-5, most employers with at least five workers must obtain a workers’ compensation insurance plan. However, exceptions do apply for railroad workers, agricultural workers, and federal employees.
These plans provide benefits to employees when they suffer an injury while on the job. Proving that an injury is the result of doing one’s job could be a complicated legal matter. Under Miss. Code Ann. §71-3-7, an on-the-job injury is one that arises out of the course of one’s employment, regardless of fault.
This means that as long as a worker is acting in the scope of his or her employment when the incident that causes the injury occurs, workers’ compensation covers the injury no matter whose fault it may be. This may even apply to scenarios where an injury is the result of repetitive stress from doing the same job over a period of time. A workers’ compensation lawyer in Harrison County could help provide more information about when an injury qualifies a worker for compensation.
Why Might an Insurer Deny a Claim?
As with most other claims that involve personal injuries, workers bear the burden of proving that their injuries were the result of a workplace injury. Insurance companies may deny a claim if they do not believe that there is a sufficient connection between doing one’s job and the injury.
Additionally, an insurance company may deny a claim if the worker does not report the injury to their supervisor. As soon as the incident occurs, or when an ongoing condition becomes so severe as to prevent work, an employee should report their condition to his or her boss.
Finally, an insurance company may deny a claim if the injury is not sufficiently serious. While all workplace injuries entitle a worker to seek medical care with a doctor of their choice, it is only when the injury keeps a worker off the job for a period of 14 days that they may collect full cash benefits. Under Miss Code Ann. §71-3-11, payment is not necessary for the first five days of disability unless the period of disability reaches this 14-day threshold. A Harrison County workers’ compensation lawyer could help analyze the reasons for a denial of cash benefits.
A Harrison County Workers’ Compensation Attorney May be Able to Help
Obtaining benefits following a workplace injury is a frustrating process. Not only do you or a loved one need to prove that the injury was the result of doing your job, but you must also prove that your injuries are sufficiently serious to require you to remain out of work. To give yourself the best chance of success, immediately report the injury to your supervisor and follow up with all necessary medical care.
Still, denials of workers’ compensation benefits are common. Whether the denial is total, or an insurance company offers an inadequate benefits package, you have the right to an appeal. A Harrison County workers’ compensation lawyer could help you to pursue these appeals. The time to request an appeal may be running short; contact us today to preserve your claim and start your free consultation.