Workers’ Compensation in Mississippi: Your Complete Guide

Understanding Workers’ Compensation Benefits in Mississippi

If you've been injured on the job, understanding the workers’ compensation benefits available to you is essential for protecting your health, finances, and future. At Wood & Carlton, P.C., serving Corinth, Tupelo, Pontotoc, and surrounding areas, we help injured workers understand and claim the full range of benefits they are entitled to under Mississippi law.


In this guide, we’ll explain the key types of benefits, how compensation is calculated, and what you can expect throughout your recovery.


Medical Benefits: What’s Covered?

One of the most critical aspects of workers’ compensation is access to medical treatment. Mississippi workers’ compensation covers all reasonable and necessary medical expenses related to your injury or occupational disease, including:

  • Doctor and hospital visits
  • Surgery and hospitalization
  • Prescription medications
  • Physical therapy and rehabilitation
  • Diagnostic tests such as X-rays and MRIs
  • Medical equipment (crutches, braces, etc.)
  • Travel expenses for medical treatment (subject to certain guidelines)


Coverage continues as long as the treatment is necessary for your work-related injury. In most cases, your employer’s insurance company may designate an initial treating physician, but Mississippi law allows you to choose a physician of your choice after the initial visit.


Temporary Total Disability (TTD) vs. Temporary Partial Disability (TPD)

If your injury prevents you from working, you may be entitled to wage replacement benefits. There are two main types:

Temporary Total Disability (TTD):

  • Paid when you are completely unable to work while recovering.
  • Benefit amount: 66 2/3% of your average weekly wage (up to the state maximum benefit).
  • Paid until you return to work or reach Maximum Medical Improvement (MMI).

Temporary Partial Disability (TPD):

  • Paid if you return to work in a limited capacity or at a lower wage.
  • Benefit amount: 66 2/3% of the difference between your pre-injury and post-injury wages.
  • Helps supplement reduced earnings during recovery.

Example:
If you earned $900 per week before your injury and return to light-duty earning $500 per week, you could receive TPD benefits of approximately $266 per week (66 2/3% of the $400 difference).


Permanent Partial Disability (PPD) & Permanent Total Disability (PTD)

If your injury leads to a permanent impairment, you may be eligible for additional compensation:

Permanent Partial Disability (PPD):

  • Paid when you have a permanent impairment but can still work in some capacity.
  • Mississippi law assigns specific values (in weeks of benefits) to different body parts (called the scheduled injury list). For example, loss of a hand or foot has a set benefit schedule.
  • Unschedled injuries (like back or neck injuries) are compensated based on the percentage of impairment to the body as a whole.

Permanent Total Disability (PTD):

  • Paid if you are unable to perform any work due to your injury.
  • Benefit amount: 66 2/3% of your average weekly wage.
  • PTD benefits can continue for up to 450 weeks.


How Are Workers’ Compensation Benefits Calculated?

Your Average Weekly Wage (AWW) is the foundation for calculating wage replacement benefits. AWW is typically based on your gross wages (before taxes) over the 52 weeks prior to your injury.

Mississippi’s maximum weekly benefit cap changes annually. For 2024, the maximum is approximately $610 per week.

Example Calculation:

  • Pre-injury wage: $750 per week
  • AWW: $750
  • Benefit rate: $750 x 66 2/3% = $500 per week (subject to the state maximum)


Your attorney can ensure that your AWW is calculated fairly, especially if you have variable wages, seasonal work, or multiple jobs.


Vocational Rehabilitation and Retraining Benefits

If your injury prevents you from returning to your previous job, you may qualify for vocational rehabilitation, which can include:

  • Job placement assistance
  • Retraining programs
  • Educational opportunities
  • On-the-job training


The goal of vocational rehabilitation is to help you re-enter the workforce in a new role suited to your abilities. In Mississippi, these services are available through workers’ compensation at no cost to you. Your participation may also impact your eligibility for certain benefits.


Why Understanding Your Benefits Matters

Unfortunately, many injured workers don’t realize the full range of benefits available or accept settlements that do not reflect the true value of their claim. At Wood & Carlton, P.C., we take the time to:

  • Explain all available benefits
  • Monitor your case to ensure payments are accurate and timely
  • Push back against attempts to limit your medical care or compensation
  • Negotiate fair settlements when appropriate

Your employer and their insurance company have attorneys working for them. You should have one too.


Contact Wood & Carlton, P.C. for Help With Your Workers’ Compensation Benefits

Navigating the Mississippi workers’ compensation system can be complicated, but you don’t have to do it alone. Our experienced workers’ compensation lawyers provide personalized guidance and aggressive representation to ensure you receive every benefit you’re entitled to.


Contact us today for a free consultation. We serve clients in Corinth, Tupelo, Pontotoc, and across Mississippi and western Tennessee.

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Introduction: Negotiating a fair settlement in a workers' compensation case can be a challenging task, especially for injured workers who may not be familiar with the legal process or their rights under Mississippi workers' compensation laws. At Wood & Carlton, P.C., with offices in Corinth, Tupelo, and Pontotoc, Mississippi, our experienced workers' comp attorneys understand the complexities of settlement negotiations and can provide invaluable guidance to injured workers seeking fair compensation for their injuries. In this blog post, we'll share essential tips for negotiating a fair settlement in Mississippi workers' compensation cases. Tip 1: Understand Your Rights and Benefits: Before entering into settlement negotiations, it's essential to understand your rights and benefits under Mississippi workers' compensation laws. Familiarize yourself with the types of benefits you may be entitled to, such as medical treatment, wage replacement, vocational rehabilitation, and permanent disability benefits. Tip 2: Gather Strong Evidence: Building a strong case requires gathering compelling evidence to support your claim for compensation. Collect medical records, treatment notes, witness statements, and any other documentation that demonstrates the nature and extent of your injuries, the impact on your ability to work, and the need for ongoing medical treatment or rehabilitation. Tip 3: Assess the Value of Your Claim: Before negotiating a settlement, assess the value of your claim based on factors such as the severity of your injuries, anticipated future medical expenses, lost wages, and any permanent disability or impairment. Consulting with an experienced workers' comp attorney can help you determine a fair and reasonable settlement amount. Tip 4: Consider Future Needs: When negotiating a settlement, consider your future needs, including ongoing medical treatment, rehabilitation services, and potential long-term disability. Ensure that any settlement offer adequately addresses these future needs to provide financial security and stability moving forward. Tip 5: Don't Settle Too Quickly: Avoid the temptation to settle your workers' compensation claim too quickly, especially if you're still undergoing medical treatment or uncertain about the long-term impact of your injuries. Rushing into a settlement may result in accepting less compensation than you deserve. Tip 6: Seek Legal Representation: Navigating settlement negotiations can be complex, and insurance companies may try to offer lowball settlements to minimize their financial liability. Hiring an experienced workers' comp attorney from Wood & Carlton, P.C., can level the playing field and ensure that your rights are protected throughout the negotiation process. Tip 7: Negotiate from a Position of Strength: Approach settlement negotiations from a position of strength by presenting well-documented evidence of your injuries, treatment, and ongoing medical needs. Be prepared to advocate for yourself and assertively negotiate for a fair and just settlement that fully compensates you for your losses.  Conclusion: Negotiating a fair settlement in a workers' compensation case requires careful preparation, strategic planning, and skilled advocacy. With the guidance of experienced attorneys at Wood & Carlton, P.C., injured workers can navigate the negotiation process with confidence and secure the compensation they deserve for their injuries. Contact us today for a consultation to discuss your workers' comp claim and learn more about how we can help you achieve a fair settlement.
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