What is an Independent Contractor under the Workers Compensation Act and how does it impact a claim?

Miss. Code Ann. § 71-3-3 (r) states that  "Independent contractor" means any individual, firm or corporation who contracts to do a piece of work according to his own methods without being subject to the control of his employer except as to the results of the work, and who has the right to employ and direct the outcome of the workers independent of the employer and free from any superior authority in the employer to say how the specified work shall be done or what the laborers shall do as the work progresses, one who undertakes to produce a given result without being in any way controlled as to the methods by which he attains the result.

What does this really mean and why does it matter?  If you are an independent contractor, in some cases you are not entitled to workers compensation from the person who hired you.  For example, if a private individual hires you to come paint their house, and you bring all the tools and set your own schedule, odds are you are an independent contractor and not entitled to workers compensation from that resident.  On the other hand, if you are a painter for a large construction company that tells you when to be there and provides you with the tools to do the job, odds are that you will be covered by that constructions company’s comp coverage even though they called you “independent.”

There are many examples that could go either way.  If you or a loved one have been hurt and labeled as “independent” and not entitled to coverage, you should contact our office for a free consultation.  The morale to the story is that it DOES NOT matter whether you are called independent or not.  What does matter is who was controlling the work that was done.

Rogen K. Chhabra

What are “Wages” for purposes of a Workers’ Compensation Claim and why does it matter?

Miss. Code Ann. § 71-3-3 (k) states that  "Wages" includes the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of injury, and also the reasonable value of board, rent, housing, lodging or similar advantage received from the employer and gratuities received in the course of employment from others than the employer. The term "wages" shall not include practical training received by students of an educational institution as a part of such educational institution's curriculum.

So why does this matter?  Every compensation benefit whether it be temporary or permanent or total or partial all relies on starting with the “Average Weekly Wage.”  Often times this starting number is calculated by an insurance adjuster with no verification by someone educated on behalf of the injured worker.  Mistakes can be made.  For instance, they may forget to include bonuses, mileage, lodging value, or other items that should be included in that starting number.  And of course, the lower the starting number, the less the insurance company has to pay.  So it is important that an injured worker has an attorney to this calculation to make sure they started with the right number and are getting the right amount.

Rogen K. Chhabra

What is a “Disability” under the Workers Compensation Act?

Miss. Code Ann. § 71-3-3 (i) states that “Disability” means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment, which incapacity and the extent thereof must be supported by medical findings.

There are two types of disability: temporary and permanent.  There are also different levels for each: Partial or Total.

Temporary disability in plain English means that you are unable to do your job while you are treating.  You may be completely unable to work at all or you may be able to work with an accommodation of your restrictions.  If you are suffering temporary wage loss (total or partial) as a result of a work injury, you are entitled to 2/3rds of the difference up to the state maximum for the year of your injury.  Most people call these benefits “workers comp checks.”  Be careful though.  Sometimes, the correct amount of the benefit is subject to interpretation.  It is advised to contact a lawyer if you are getting these benefits to make sure they are for the correct amount.  Most lawyers will tell you for free.

Permanent disability means that you are unable to do your job permanently even after treatment is completed.  The Workers Compensation Act uses a formula that accounts for what you used to make and compares it to your wage earning capacity after the release by the doctor.  Some people go back to work with no restrictions.  This would result in an award for little to no wage loss.  In other words that end settlement of the case would not have much value.  On the other hand, some people cannot return to any previous employment.  If this is supported by a credible doctor’s opinion, and if it is supported by a job search or credible attempt to find employment within the restrictions then the case has high value.  If you can go back to work in a limited capacity but are not capable of making your pre injury wages, then the permanent disability aspect of the case will have value accordingly, but it will be only a permanent partial disability.  This is the category that most significant injuries will fall into.

If you or a loved one has been injured at work, don’t wait until it’s too late to find out how these terms apply to the case.  Call our office at 601-948-8005 begin_of_the_skype_highlighting 601-948-8005 FREE  end_of_the_skype_highlighting for a free and confidential consultation to find out what your rights are.

Rogen K Chhabra