The MS Workers’ Compensation Firm

WORKERS’ COMPENSATION MATTERS

Suffering a workplace injury can be a devastating loss for both individuals and their families. Navigating the often-complex legal process necessary to recover both physically and financially from such an event adds further difficulties to an already stressful situation. 

At Pond Lehocky Giordano, we specialize in fighting for the rights of workers who have been negatively impacted by a work-related illness or injury, and it is our honor to help them recover to the greatest extent possible.

THE MISSISSIPPI WORKERS’ COMPENSATION ACT

The Mississippi Workers’ Compensation Act was passed by the state legislature in 1948 and is administered by the Workers’ Compensation Commission. The law was created specifically to protect employees who cannot work due to an injury or illness that occurred because of their employment activities. Under the law, affected employees may be entitled to wage-loss compensation and paid medical expenses. 

All Mississippi employers with five or more employees are required to maintain insurance policies that will pay for workers’ compensation claims. Employees have obligations under the MS Workers’ Compensation Act too, one of the most important being a strict deadline to report work-related medical issues. 

Failure to promptly notify a supervisor or manager at the workplace where an injury occurred may result in a claim being barred. For issues developed over an extended period, such as repetitive and cumulative injuries, a manager or supervisor must be notified as soon as a qualified medical professional has diagnosed the condition. The same is true of job-related illnesses, such as mesothelioma, which can take years to manifest at a level sufficient for a definitive diagnosis.

ADVOCATES FOR WORKERS

All employees are entitled to represent themselves when making a workers’ compensation claim but doing so can put them at a significant disadvantage. The law firms representing workers’ compensation insurance companies vigorously defend their clients and try to minimize the benefits paid. Workers need an experienced and well-resourced legal team capable of fighting just as zealously on their behalf. 

Even if an employee is already receiving workers’ compensation benefits, a consultation with an experienced attorney can reveal if the current benefit arrangement is appropriate and assist the worker in defending any challenges to their benefits or medical treatment being made by the insurance company.

LEGAL FEES

Pond Lehocky Giordano offers all workers’ compensation consultations completely free of charge and accepts no fee unless the claim is successful. Under Mississippi law, successful workers’ compensation claimants only pay up to 25% of their benefits.

MEDICAL EXAMINATIONS AND TREATMENT

The specific medical treatment a worker will receive can differ depending on the state of their employment. In Mississippi, an injured worker has the right to select one physician or medical provider of their own choosing to provide treatment. This chosen provider may refer the worker to one additional specialist to continue treatment. However, any additional selections or referrals must be approved in advance by the worker’s employer or its insurance carrier.

COMPENSATION

Injured workers making a successful compensation claim are entitled to indemnity (wage-loss) benefits typically equal to two-thirds of their average weekly wage while unable to work. 

Mississippi offers two types of workers’ compensation benefits: 

1. Medical Benefits – an injured worker is entitled to whatever reasonable and necessary medical services are needed to treat their injury and achieve maximum cure. 
2. Wage Loss Benefits – if an injured worker must miss time from work because of their injury, they are entitled to a wage loss benefit equal to as much as two-thirds of their average weekly wage, subject to a maximum weekly amount and certain time limits which are set by the State Legislature.