What are the Elements of a Gulfport Workers' Compensation Claim?

Benjamin U. Bowden
December 26, 2023

Employers with more than five employees in Mississippi need to have workers' compensation insurance. This coverage is meant to help compensate employees injured at the workplace. If you are injured at the workplace in Gulfport, you are entitled to file a workers' compensation claim.

Most workers understand workers' compensation but are not familiar with its specifics. Understanding the details of a Gulfport workers' compensation claim will put you in a better position to file and pursue a claim if you are injured at the workplace.

What Benefits Can a Gulfport Worker Receive?

Workers' compensation allows injured employees to receive several benefits to cover the damages. The compensation includes benefits to cater to current and future medical care. These benefits are offered only if the care is deemed essential.

Based on the severity of the injury, you can receive other disability benefits. Temporary disability benefits are issued while the employee recuperates away from the workplace. If the injuries are long-term, permanent disability benefits should be awarded. This compensation varies depending on your initial wages. Additionally, you can receive permanent total disability benefits if you cannot resume work due to your injuries.

You can receive survivor benefits if a loved one loses their life due to a workplace accident. Your family can also receive funeral expenses of up to $5000.

What Does the Workers' Compensation Claims Process Entail?

You should file a claim to receive benefits as soon as you receive medical attention. You should inform your employer within 30 days of sustaining the injury. Besides, the worker's compensation claim must be filed within two years of the injury.

The employer must notify their insurer and report to the Mississippi Workers' Compensation Commission. If the employer fails to report the injury to the commission within ten days of being notified of their employee's injury, they may face serious penalties from the commission.

What Can an Employee Do if Their Workers' Comp Claim is Denied?

Your workers' compensation claim can be denied for several reasons, including incomplete filing, improper documentation, and various mistakes made on the claim forms. In addition, if the court determines your injuries were self-inflicted or pre-existed, your claim could be denied.

Luckily you can appeal a claim denial by filing a petition within two years after the injury. If there is no agreement between the insurance company and your lawyer, the Mississippi Workers' Compensation Commission will hold a hearing.

Before this hearing, the insurance company and the individual will participate in prehearing to gather evidence, interrogate witnesses, and exchange information. Later, both parties will provide a prehearing statement before the actual hearing is conducted.

Get Help from a Gulfport Workers' Compensation Attorney

Workers’ compensation insurance should cover workplace injuries. If you have sustained injuries on the job and your employer has dismissed your claim, you likely need legal help. Contact Ben Bowden, PC to schedule a consultation with a Gulfport workers' compensation attorney.