Being injured on the job generally qualifies a Mississippi employee for workers' compensation, and as a rule, you cannot sue your employer for the damages you suffered in the accident. However, if a third party is involved, you may be able to file a lawsuit based on that person's (or company's) negligence. We at Wood, Carlton & Hudson, P.C., often provide advice to workers who have been injured by a negligent third party.
Knowing that you have the security of workers' compensation if you are ever injured on the job in Mississippi gives you a peace of mind. However, it is important to make sure that your employer carries workers' compensation coverage. Be aware that not every employer is required to do so. Having this information will prevent you from getting a nasty surprise should you ever need this coverage.
When you think about on-the-job injuries, you most likely think of traumatic or catastrophic injuries where someone is severely hurt. However, not all injuries that occur in the workplace happen in an instant. In fact, there are often many workers' compensation claims made for something called a stress injury, which Nemours defines as injuries that occur to repetitive stress or strain placed upon a part of the body.
Health care workers are extremely important, but few people are aware of the fact that these workers face a risk of injury or illness that is higher than most other types of jobs. In fact, according to the Bureau of Labor Statistics, hospital workers face more safety risks in one day of work than do people employed in construction or manufacturing.
Under current workers' compensation laws, employees who are injured while performing work-related activities are fully or partially compensated by their employer for the injuries they sustained and the expenses of their recovery. In return, employees are not allowed to sue their employer. But what if the employee that was injured was a contracted employee?
Did you know that if you are injured at work in Mississippi, or experience an illness caused by your working conditions, you are entitled to certain benefits and rights? Workers' compensation laws in Mississippi provide two types of benefits to which you may be entitled: Medical treatment and cash disability payments.
Some of our readers may know a bit about the workers' compensation program. In general, state law mandates that employers must pay for medical treatment and a portion of lost wages for employees who are injured on the job. There are, of course, exceptions, most notably if the injury occurred when the employee was not technically "on the job," or if the employee was under the influence of alcohol or drugs at the time of the accident. Barring those limited exceptions, in general it does not matter how the work injury occurred.
Many people have the unfortunate luck of suffering an injury or illness that is related to their employment. In most cases, the injured party will need some minor medical attention, and perhaps a bit of time off from work to recover. However, there are other, more serious cases where a work injury can be quite severe, keeping a worker from returning to the job for weeks or even months. As a result, the injured worker may choose to file a claim for workers' compensation benefits.
OSHA was created by legislation known as the Occupational Safety and Health Act of 1970. The purpose of this legislative action is to protect American workers. OSHA creates minimum standards that must be met by employers to ensure the health and safety of workers. The Occupations Safety and Health Administration enforces the workplace safety standards that aim to accomplish this goal. Workers who believe that OSHA standards are not being met in their workplace may request a visit from an OSHA inspector.
Regardless of the industry, Mississippi businesses are charged with keeping workers safe. If an employee is injured, there are certain protocols that must be followed during the course of the investigation. The government agency that regulates workplace health and safety standards is the Occupational Safety and Health Administration. This post will focus on how the rules on workplace safety are made.