Getting hurt at work is stressful. You’re dealing with pain, uncertainty, and a lot of questions. If you’re reading this, you’ve either just been injured or you’re helping someone who has. Here’s a straightforward, Mississippi-focused guide to what comes next and how to protect yourself.
1. Get Medical Attention Immediately
If it’s an emergency, go to the nearest ER. If it’s not, ask your employer which doctor or clinic to use. While the employer can direct you to a doctor initially, you can still select your own doctor. Unless you sign a choice of physician form for your employer’s doctor, or treat with your employer’s doctor for six months.
Keep every piece of documentation: ER visits, x-rays, prescriptions, and follow-up instructions. Don’t assume anything will be forwarded to the insurance company.
2. Report the Injury to Your Employer
Do it fast and in writing. Mississippi law requires you to report a work injury to your employer immediately, but the sooner the better. Tell your supervisor, HR, or whoever handles injuries, and follow up with an email or text so you have a record.
If you don’t report the injury, your claim can be denied even if you have a legitimate injury.
3. Get Insurance Information
Once the employer knows about the injury, they should notify their workers' comp insurance carrier. Get the name of the insurer and a claim number. If your employer doesn’t give this to you, ask. You have a right to know who’s handling your claim.
4. Understand the Benefits You Might Get
Workers' comp in Mississippi provides:
- Medical care at no cost to you
- Disability Benefits if a doctor takes you off work for more than five days
- Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) depending on your situation
- Permanent Partial Disability (PPD) if the injury causes long-term damage
- Vocational rehab if you can’t return to your old job
5. Document Everything
Take photos of where the injury happened. Write down witness names. Keep a daily log of your pain, limitations, and treatment. This documentation becomes critical if your claim is denied or if there’s a dispute.
6. Follow the Doctor’s Orders
Don’t miss appointments. Follow through with physical therapy. If you don’t agree with the treatment, ask questions. Mississippi law may allow a second opinion, especially if your condition isn’t improving.
7. Know the Deadlines
- Report your injury immediately
- 2 years to file a claim if benefits are denied
- Watch for denial letters from insurance companies. These start the clock on your appeal deadline.
8. What If the Insurance Company Denies Your Claim?
You can still fight it. A denial doesn’t mean the end of the road. You can file a petition to the Mississippi Workers' Compensation Commission. That’s where we come in—we handle that process for our clients every day.
9. When to Call a Lawyer
You might not need a lawyer if the claim is accepted, benefits are paid, and you’re recovering well. But, if you hire a lawyer after you are injured, then you already have representation if things start going wrong. Red flags to look for include:
- Your claim is denied
- Payments are late or missing
- Treatment is not getting approved
- Your employer or insurance adjuster is telling you that you cannot select your own doctor
- Your employer is pressuring you to return to work before your doctor says you are ready
- The insurance company is dragging things out
Final Thoughts
A work injury is more than an inconvenience. It can affect your health, income, and future. If something doesn’t feel right about your claim, or if you’re unsure about your rights, call us. It doesn’t cost you anything to find out where you stand.
Call Eichelberger Law Firm at 601-202-9981.