When you go to work in the
morning, you expect it to be another normal day. Until the day you get injured
on-the-job.

You may be a very safe person,
but a workplace has inherent dangers, especially if it is on a construction
site, in a warehouse, in a manufacturing plant, or involves the transportation
industry.  

Workers in Mississippi suffered
90 fatal work injuries in 2017, according to the Bureau of Labor Statistics.
That is an increase of 19% from the previous year and the highest number of
fatalities and injuries over the last decade. Private industry accounted for
the majority of the workplace fatalities.

After your workplace accident,
you may be surprised. While workers’ compensation is supposed to provide you
with medical benefits and lost wages while you heal, there may be problems with
seeking that compensation. 

Your boss may not believe you
really are injured.  There may be some
fault laid on the job you did and whether you were negligent. All of a sudden,
your injury is compounded by the stress of seeking compensation and the uncertainty
of whether you will be able to.

We strongly suggest you seek the
expertise of an experienced workers’ compensation law firm to help you through
this difficult time to secure all of the compensation you are due to help pay
the bills, receive the medical therapy you deserve, and if necessary, permanent
disability payments.

Some injured workers may think
they can tough it out and don’t want to bring attention to themselves in the
workplace. However, that can mean you lose your right to a claim. Immediately
notify your employer within 30 days of the incident.

Workers’
Compensation

In Mississippi, any employer with
five or more employees must carry workers’ compensation insurance.

Workers’ comp is not a lawsuit,
it is an insurance claim designed to cover workers injured on-the-job to pay
medical expenses and up to two-thirds of your lost income, regardless of who is
responsible for the accident. It can also cover a permanent disability and
death.  

Fault is not an issue in a
typical on-the-job workers accident insurance claim.  Fault does become an issue if there is a
negligent third party involved.

Is a Third Party Involved in Your Workers’ Comp
Case?

Not all injuries are directly
related to your employer or the workplace.

  • Defective
    Product
    – If a component of a machine malfunctions, an experienced
    workers’ compensation law firm will then investigate whether the machine was
    defective in some way. Had there been a recall or is there a history of this
    machine failing to the point of causing injury?

    If we find that is the case, a third party defective product lawsuit may be
    filed against the machine manufacturer to seek compensation for your injuries
    and lost wages. This would be filed in addition to your workers’ compensation
    claim.

  • Drunk or
    Distracted Driver –
    A drunk driver mayhit you when you are working on your delivery route. If you are
    injured, you are entitled to collect not only workers’ compensation benefits
    but also to file a personal injury claim against the insurance company for the
    drunk driver.

    You, the injured party, may be able to collect all out-of-pocket expenses, all
    of your lost wages and bonuses, as well as medical bills and compensation for
    pain and suffering. 

  • Unsafe
    Property –
    If you are working for your employer but on a property that
    is not owned by your employer, you may be able to file a third party lawsuit if
    you are hurt because of the dangerous conditions on the property.

    We may find a contractor or and sub-contractors is in violation of OSHA
    (Occupational Safety and Health) rules. These are the individuals who are the
    at-fault party and we must prove their negligence.

Reeves and Mestayer works with
investigators to determine the other responsible parties and how they
contributed to your injury. This means we consult with safety experts, medical
personnel, and eyewitnesses to determine just how you were injured.

Ultimately,
we may be able to file a workers’ compensation claim against your employer and
against the third party responsible for your injuries.

Please do
not hesitate to call us for a complimentary consultation so that we can advise
you on the steps you need to take immediately. Do not let too much time to
lapse. Otherwise, you may lose your ability to seek compensation while you heal
from your job-related injuries.

The post When a Workplace Accident Falls Outside of Workers’ Compensation appeared first on Reeves & Mestayer | Personal Injury Attorneys in Biloxi.

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