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Columbus Workers’ Compensation Lawyer
At NST Law, we are dedicated to helping injured individuals and their families get the justice and compensation they deserve.
Expertise
Mr. Trotz has handled injury cases involving auto accidents, slip and fall, premises liability, and negligent security. Every day, Mr. Trotz represents those who have been injured and many of his clients have sustained traumatic and life-altering injuries.
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Every year in the United States, approximately 2.8 million workers are injured. Workers’ compensation is a no-fault insurance policy paid for by employers to protect employees who are injured on the job.
The experienced Columbus personal injury attorneys at NST law represent hurt workers to ensure they receive the full level of compensation they are due.
- Who Is Eligible For Workers’ Compensation In Mississippi?
- Dangerous Occupations
- Common Workplace Injuries
- How Do I File A Workers’ Compensation Claim?
- How Much Time Do I Have To File A Workers’ Compensation Claim?
- What Compensation Can I Receive?
- When Will I Start Receiving My Compensation?
- Can I Sue My Employer For Damages Not Covered By Workers’ Compensation?
- What Should I Do If My Workers’ Compensation Claim Is Denied?
- When Should I Contact An Attorney?
- What Is The Cost To Hire A Workers’ Compensation Lawyer?
- How Can An Attorney Help Me With My Workers’ Compensation Claim?
- Why Should I Choose NST Law To Help Me With My Claim?
Who is Eligible for Workers' Compensation in Mississippi?
Workers’ compensation covers employees whose employers have purchased workers’ compensation. Employers with five or more employees are required to carry workers’ compensation. Coverage is also available to employers who are not required to carry it.
Independent contractors are not employees and are thus not covered by workers’ compensation. Contractors are liable for their own employees.
Are There Any Injuries That are Not Covered?
Injuries caused by illicit drug use or intoxication or by the improper use of prescription medication by the employee are not covered.
What About Preexisting Conditions?
If a preexisting condition contributes to an injury, or if the injury aggravates a preexisting condition, you may still be entitled to compensation, but the amount will be adjusted according to the degree to which the preexisting condition contributed to the injury, even if the condition did not previously cause an occupational disability.
What If I am At Fault?
Under the no-fault system, compensation is paid to all eligible employees without regard to fault. Employees cannot be denied because they knowingly assumed the risk upon employment or because of contributory negligence.
Dangerous Occupations
According to 2020 statistics from the Bureau of Labor Statistics, the most dangerous occupations in Mississippi that resulted in the highest number of fatal injuries included:
- Heavy and tractor-trailer truck drivers
- Installation, maintenance and repair workers
- Construction workers
Nationwide, the following occupations had the highest fatal work injury rates:
- Fishing and hunting workers
- Logging workers
- Roofers
- Construction helpers
- Aircraft pilots and flight engineers
- Reuse and recyclable material collectors
- Structural iron and steel workers
- Driver/sales workers and truck drivers
The occupations with the highest rates of nonfatal illnesses and injuries serious enough to warrant days away from work included the following:
- Health care and social assistance
- Agriculture, forestry, fishing and hunting
- Transportation and warehousing
- Construction
- Manufacturing
- Retail trade
The largest employers in the city of Columbus include some of these dangerous occupations:
- Mississippi University for Women
- Waters Truck and Tractor Company
- WCBI-TV
- Ellis Construction
- Airline Manufacturing
- Columbus Brick
- Glenn Machine Works
- Lowndes County School District
- Dietitian
- 4-County Electric Power Association
Common Workplace Injuries
The most common causes of workplace injuries and illnesses resulting in days away from work in 2020 were as follows:
- Exposure to harmful substances or environments
- Overexertion and bodily reaction
- Slips, trips and falls
- Contact with objects and equipment
- Transportation incidents
- Violence and other injuries by persons or animals
- Non-classified
- Fire and explosions
How Do I File a Workers' Compensation Claim?
When you are injured at work, notify your supervisor or other designated person about the injury. It is then your employer’s responsibility to prepare a report of injury and file a claim.
How Much Time Do I Have to File a Workers' Compensation Claim?
You should notify your supervisor within 30 days of the incident. If your claim is not accepted, you have up to two years to file a lawsuit.
What Compensation Can I Receive?
Workers’ compensation provides free medical treatment and partial wage replacement in the amount of 66 and two-thirds percent of the average wages over the previous 52-week period, up to the statutory maximum, which is adjusted annually. Benefits are payable for up to 450 months after the injury.
As of January 2022, the weekly maximum is $551.02. The lifetime disability maximum is $247,959. Disability benefits are available for temporary and permanent disability, but the lifetime maximum is 450 months in both cases.
Death Benefits
Family members of workers who suffer fatalities are entitled to the following death benefits:
- A lump sum payment of $1,000
- Funeral benefits up to $5,000
- Spouse and surviving children are entitled to receive partial wage replacement benefits ranging from 10 percent up to 66 and two-thirds percent for a period not to exceed 450 months.
When Will I Start Receiving My Compensation?
Compensation is paid by your employer or the insurance company. State law requires compensation to begin by the 14th day after your employer has received notice of your injury, and in most cases, you will be paid every 14 days thereafter.
If compensation is not paid on time, your employer or the insurance company must pay you a penalty of 10 percent. This penalty is increased to 20 percent if you are awarded compensation in a lawsuit.
Can I Sue My Employer for Damages Not Covered by Workers' Compensation?
Employers who purchase workers’ compensation are protected from additional liability. However, you can sue an employer that has not purchased workers’ compensation coverage.
Third-Party Liability
In some cases, a party other than your employer may have contributed to or caused your injury. State law does allow employees to sue liable third parties. However, you are required to notify your employer of the lawsuit. If the third party is found to be liable, you may be required to repay any workers’ compensation benefits you received from the proceeds of such a lawsuit.
Our personal injury lawyers can help you identify third parties who may be liable. The identification of additional liable parties may provide the opportunity to claim the following additional compensation:
- Full wage replacement
- Pain and suffering damages
- Disfigurement
- Loss of earning capacity
- Loss of society
- Inconvenience
- Punitive damages
Third parties may be liable in the following scenarios:
- Motor vehicle accidents
- An injury that occurred while you were on someone else’s premises
- Injuries that occur as a result of defective equipment
What Should I Do if My Workers' Compensation Claim is Denied?
If your workers’ compensation claim is denied, you have the right to file a dispute by contacting the claims representative. You may undergo a series of formal and informal hearings, after which the representative will file an award. This can be appealed by filing a formal petition for review by the full workers’ compensation commission.
If you do not achieve satisfactory results through the appeal process, you can take your case to court. Our experienced workers’ compensation lawyers can represent you at any stage during this process, beginning with the initial report of injury, to help ensure you are treated fairly.
When Should I Contact an Attorney?
We recommend that you contact NST Law as early as possible. Employers do not always cooperate, and they have a vested interest in minimizing or denying you compensation. The earlier you involve an attorney, the better.
What is the Cost to Hire a Workers' Compensation Lawyer?
How Can an Attorney Help Me With My Workers’ Compensation Claim?
Employers and their insurance companies have an advantage over employees due to their knowledge of the workers’ compensation system and their access to legal representation. When you retain a workers’ compensation lawyer at NST Law, you will have access to our resources and expertise, which gives you the advantage.
Why Should I Choose NST Law to Help Me With My Claim?
NST Law has been advocating for the injured since 1990. Since that time, we have stayed true to our desire to make a difference in the lives of our clients during their time of greatest need. Our dedication to our clients is exemplified in our six pillars:
- Compassionate care
- Accessibility
- Resourcefulness
- Trust and transparency
- Personalized service
- Maximized pursuit
Our dedication has paid off for our clients, for whom we have been able to achieve results that helped them restore their lives to the fullest extent possible:
- $970,201.58 verdict on behalf of a worker with a severe ankle injury whose workers’ compensation carrier only wanted to pay $18,000
- $950,000 for a worker who fell 35 feet from a billboard catwalk and sustained multiple serious injuries
- $561,916.90 for a work injury that resulted in permanent disability
We never give up until our clients receive the maximum amount of compensation available. If you or your loved one has been injured on the job, don’t let the statute of limitations run out.
Contact us for a free consultation now so that we can review your case and decide how we can best help you.