I’m hurt but I want to Keep my Job

Unfortunately, many people who decide to hire a lawyer in a workers’ compensation case wait until something bad happens.  Quite often, people wait until they are terminated before seeking a free consultation.  This is a big mistake.  Unfortunately, in Mississippi, you cannot sue your employer for wrongful termination that arose out of a workers’ compensation claim.  There is some good news though.  If you get fired after a workers’ compensation injury, it provides you with valuable evidence to help make your claim for permanent disability but there are certain things that you must do to establish this claim effectively.  You should consult an attorney immediately if you have been terminated to help preserve all rights you may have. 

If you get a lawyer soon after your injury, sometimes the attorney can take certain measures to help protect your job.  People naturally feel that lawyers will make things worse, but our experience is that this is not the case.  If you are loyal to your employer and like your job and if you feel the insurance company is paying you all the benefits you are entitled to, you should get some advice immediately BEFORE things start to get bad.  If you wait until things get bad, it is usually too late.  When all the correct steps and measures are taken, you will be in the best position to protect your job and protect your relationship with the employer that you are loyal to.  More importantly, you will be in the best position to protect your rights.       

Rogen K. Chhabra

Can I choose my Own Doctor?

Yes, but hurry.  The recent change to the Workers’ Compensation Act takes away the right to choose your own doctor if you treat with the company choice for more than 6 months or if you have a surgery.

Many times when people are hurt on the job, they are sent to the company doctor.  What people don’t realize is that they are entitled by law to choose their own physician and the company has to pay for it.  Companies will often ask you to sign a form saying that you accept the company doctor as your choice.  Signing this form is a mistake.  People are often fooled into thinking that they will have to sign the form to get treatment.  This is simply not true.  If the company wants you treated by the doctor of their choice, they have to pay for it and you don’t have to accept that doctor as your choice of physician.  You can reserve your right to go to your choice of physician as long as the treatment provided is reasonably and medically necessary. 

Companies will often also pay a nurse to go along with you to your doctor visits.  These are called “nurse case managers.”  You have the right to seek treatment by a doctor without interference in your so-called “management” by a company paid nurse.  If you have been asked to sign a choice of physician form or if a nurse has been going along to your appointments with you, you should consult an attorney immediately to determine what your rights are and to help make sure that you get the best available medical treatment paid for by the company. 

Rogen K. Chhabra 

How many weeks am I entitled to be paid if I get hurt at work?

There are two types of disability payments, temporary and permanent.  The law allows up to 450 weeks of payments total up to the state maximum for the year of the injury.  The maximum for an injury occurring in 2013 is $202,104.  The benefits generally start as weekly or bi-weekly checks until the temporary period ends and the permanent period begins.  The change from temporary to permanent usually occurs when a person reached Maximum Medical Improvement (MMI).  This is normally determined by the treating physician when they feel that treatment has reached a plateau (unfortunately this does not always mean complete healing and leaves a permanent disability).

There are also two types of permanent injury.  The first is known as scheduled member.  This would be a body part like an arm, leg, finger, eyeball, etc.  The second is whole body.  This would be like the head, back, neck, brain, etc.  If you have a permanent injury, the way it is paid is completely different in a scheduled case than a whole body case. 

Some differences:

In a scheduled member case, even if you go back to work without restrictions, you will be entitled to minimum compensation if you have an impairment rating assigned by a doctor.  There are no minimums in a whole body case even with a severe rating.

In a whole body case the restrictions and ability to return to work will be the more important factors in determining loss of wage earning capacity which equates to compensation.

Whole body cases are limited to 450 weeks, while scheduled member cases are limited to 200 weeks of compensation, or less, depending on the body part that is injured.

Some similarities:

Often a check for permanent disability looks exactly like a check for temporary disability.  The weekly benefit amount does not change.

Also, it is possible to get permanent disability in a lump sum all at one time, but the way to go about it depends on the type of injury.

These concepts can be difficult and legalistic.  You should expect your insurance company to be nice in hopes that you don’t get armed with legal advice from an experienced lawyer.  You should NOT expect your insurance company to give you accurate legal advice as to what your permanent disability claim is worth.  You should never try to navigate through these issues without getting some free advice on what it is really all about and how it applies to your particular case.

Rogen K. Chhabra 

I fell and hurt myself on a property isn’t the owner/operator at fault? Actually, you could be wrong.

Just because you slipped or tripped and fell on someone's property doesn't mean that they are automatically responsible for your injuries. In a slip and fall case, the law requires you to show that the business or property owner knew or should have known about the dangerous condition before the accident. If you are unable to show that the business or property owner knew or should have known about the condition on the property, your case can be dismissed. Proving that an owner should have known (i.e. had constructive knowledge) about a dangerous condition is usually difficult.

In order to assist in showing constructive knowledge, you should immediately take these simple steps to preserve evidence: 

• Immediately report the accident and the dangerous condition to the property owner, store manager, or other person in charge.

• Be sure to identify cameras in the area. The presence of cameras may be helpful to you case in that they can be used to help determine how long a substance has been present.

• Use your phone to take pictures of dirty tracks, footprints or anything that helps to show that substance had been on floor for an extended period. If you are unable to photograph the condition, be sure to take extensive notes about the size, shape, color and location of the substance.

• Identify where the closest employee would have been stationed in comparison to the substance.

• Obtain the names and addresses of anyone who may have witnessed the fall.

If you or a loved one has been injured in a slip and fall, contact our office for a free, confidential consultation.

Ashley L. Hendricks

How long do I have to wait to get workers’ compensation benefits after I have been hurt and how much should I be getting per week?

You are entitled to medical benefits immediately.  If you miss more than 5 days of work then you are also entitled to compensation while you are off work.  You will generally be entitled to 2/3rds of your average weekly wage up to the state maximum for that year.  The state maximum for an injury occurring in 2013 is $449.12.   Figuring out your average weekly wage is not always an exact science but it should be fair to the worker.  It includes wages, overtime, mileage, per diem’s, housing or any other form of compensation averaged over the previous year prior to the injury.  If you worked there for less than one year than the average would be over the period that you actually worked. 

The first check is due within 14 days of the first missed day, and the insurance carrier should not ever get more than 14 days behind.  Sometimes a carrier will pay every week and then decide to go to every two weeks.  That is within their right under the law so long as they are staying within 14 days of the last paid day.  If they fail to pay on time, there are mechanisms in the workers’ compensation laws to get the case in front of a Judge relatively quickly to get the issue heard.

If you or a loved one has been hurt, you should contact an attorney to make sure you are being paid the right benefits.

Rogen K. Chhabra

I was hurt at work and the company doctor is not helping. What are my rights?

First, you have a right to a choice of physician if you have not already made one, unless you treated with the company choice for more than 6 months or had a surgery.  Miss. Code Ann. § 71-3-15 requires an employer to furnish any and all medical treatment necessary for recovery of the work related injury.   As the injured employee, you have the right to accept the services of a doctor recommended by your employer; or you may exercise your right to select a competent doctor of your choice. 

The workers’ compensation carrier can force you to go to the doctor of their choice for a one time evaluation, but not to treat-just to be evaluated for temporary or permanent disability.  The carrier can also have a doctor evaluate the medical treatment being rendered.  This type of examination is referred to as an employer medical examination or “EME”.

However, you can also ask the Mississippi Worker’s Compensation Commission to have you examined by a doctor independent of both you and the employer.   This independent medical examination or “IME” is usually ordered when the commission has the opinion that a doctor has not correctly estimated the degree of permanent disability or the extent of the temporary disability of an injured employee.  When you have been steered around by a company who didn’t tell you that you had a choice, and when you failed to take action until it was too late, this may be your only saving grace to get a legitimate and fair opinion from a doctor.

If you or a loved one has suffered a work place injury and has a question about rights to medical treatment, feel free to contact us for a free consultation.

Candace G. Mayberry

GRANUFLO AND NATURALYTE LAWSUITS

On March 29, 2012, the Food and Drug Administration (FDA) issued a recall of GranuFlo and NaturaLyte.  These products were manufactured by Fresenius Medical Care and were used to treat kidney disease and kidney failure.  According to the FDA, the use of these products could lead to low blood pressure and cardiac arrhythmia. 

Fresenius was aware of these dangers, but did not share that information with health care providers or consumers.  These products were used in numerous dialysis facilities, not just those owned by Fresenius.

Several hundred cases involving GranuFlo and NaturaLyte have been consolidated into Multi-District Litigation in the United States District Court for the District of Massachusetts.

If you or a loved one has experienced a sudden cardiac event during or soon after dialysis treatment, please give us a call to learn more about your legal rights.

Teresa E. Harvey