Most employers are required under workers’ comp law in Mississippi to insure their workers in case they have an accident or fall sick in the course of their duties at work. However, insurers don’t always willingly want to pay the compensation and may try to find a loophole in your claim and refuse to pay the amount you have requested. Fortunately a workers’ comp claim denial doesn’t mean all is lost as you can file an appeal where you can restate your case. It is advisable that before you do this you contact an experienced workers comp. attorney who will decide if you have a good case to win an appeal. Workers’ Compensation Laws in Mississippi In Mississippi, as with most states in the U.S., there is a state body that handles workers’ comp. claims. This is called the Mississippi Workers’ Compensation Commission. There is a procedure you must follow when filing a workers’ comp claim which includes the requirement to tell your employer within 30 days that you have a work related injury or sickness. You have 2 years in total to file a claim. Under Mississippi law if you need medical treatment you may choose your physician and you can claim for all the medical services you need. Your wages compensation for a temporary partial disability is calculated to be typically 2/3 of your average weekly earnings for up to 450 weeks. There are other payments such as for permanent partial disability and permanent total disability that are available too. Employers who employ 5 or more workers must provide workers' comp. insurance cover for all workers. However, there are a few exceptions such as independent contractors and domestic workers. Also, all injuries and illnesses are covered as long as they occur at work. Why a Workers’ Comp Claim Is Denied in Mississippi All the laws are there in place in Mississippi but it doesn’t mean either your employer or its insurer willingly parts with money to finance your workers’ comp claim. There are a number of reasons why your claim could be denied. These include: Failure to tell your employee within 30 days. Failure to file your claim within the 2 year maximum period. Information omitted from the claim form. Mistake made by the workers’ comp claim officer. You were intoxicated when the accident happened. The injury didn’t take place at work. Fortunately all is not lost as in Mississippi you are entitled to appeal a workers’ comp claim denial. The Appeals Process in Mississippi for a Workers’ Comp Claim Denial To begin your appeal, you need to file a Petition to Controvert, which is Form B-5, 11 with the Mississippi Workers’ Compensation Commission. This should include the original form and 3 copies and must be filed with 2 years of the injury taking place. As soon as your petition has been received, a workers’ comp. judge will be assigned to your case. Also the insurer will be informed of your intention. Typically, most workers’ comp. petitions are resolved informally but if this doesn’t take place an administrative hearing will be heard by a workers’ compensation judge. Before any hearing begins the two parties will go through discovery, which is when all the information available is made available to both sides in the dispute. Once this has been completed, a formal hearing will be timetabled, but both parties will need to file a pre-hearing statement. This provides the key information about the case and the evidence that will be made available at the hearing. The judge has the job of studying the evidence and a decision in writing will be sent out to the two parties. If the decision doesn’t favor you, it’s possible to file an appeal with the Full Commission as long as it’s done within twenty days of the judge’s decision. All information must be provided to support your appeal and the decision will be decided in your absence. Hire a Workers’ Comp. Denial Attorney While it’s not compulsory most workers who are appealing a workers’ comp. denial do hire a suitably experienced workers’ comp attorney to help them win the appeal. They have the detailed knowledge required to win a workers’ comp. denial.
