I got hurt while working for a subcontractor. Come to find out, he did not have workers’ compensation insurance. Am I just out of luck?

Not necessarily.  The law states:

                  

§ 71-3-7 (6) In the case of an employer who is a subcontractor, the contractor shall be liable for and shall secure the payment of such compensation to employees of the subcontractor, unless the subcontractor has secured such payment.

What this means is you go “up the chain” to whoever hired your subcontractor employer to see if there is coverage.  Sometimes there may be several subcontractors and contractors with coverage, and it will take some sorting to figure out which one is responsible.  If you are caught in a situation like this, you should consult an attorney experienced in this area before you give up.  Just because they told you they don’t have insurance does not mean you have no option.

Rogen K. Chhabra

My legislator said he voted to make our workers compensation laws better for the people of our state, is he telling the truth?

No, the new laws do not help the worker at all.  One major change that was made is a new law was written to say:

§ 71-3-7  In all claims in which no benefits, including disability, death and medical benefits, have been paid, the claimant shall file medical records in support of his claim for benefits when filing a petition to controvert. If the claimant is unable to file the medical records in support of his claim for benefits at the time of filing the petition to controvert because of a limitation of time established by Section 71-3-35 or Section 71-3-53, the claimant shall file medical records in support of his claim within sixty (60) days after filing the petition to controvert.

Prior to this law, anyone had access to the court system for workers’ compensation claims.  Now you either have to hope and pray the insurance company does the right thing and accepts the claim, or you have to go out and pay for medical records and find a doctor willing to say that your symptoms were caused by a work injury.  Often this is difficult early on because not enough information is known about the injury early in the process, and unless you can afford your own treatment you can’t get what you need to prove that the injury was work related.  This is a bit of a chicken before the egg problem that will prevent a new class of people who cannot afford their own doctor from having access to the Court system. 

It is unfortunate that our lawmakers saw fit to pass a law like this, and we expect to see challenges to the constitutionality of the law in the future.  In the meantime, if your claim is being denied by an employer or workers’ compensation carrier, you should seek legal advice from a reputable workers’ compensation lawyer to see how you are affected by this new law and what your options are.

Rogen K. Chhabra
For questions about this or any other area of the law, visit our website at www.cglawms.com or call our office at 601-948-8005 for a free confidential consultation.

When exactly are you entitled to Workers Compensation benefits

The technical law states that:

§ 71-3-7. Liability for payment of compensation

   (1) Compensation shall be payable for disability or death of an employee from injury or occupational disease arising out of and in the course of employment, without regard to fault as to the cause of the injury or occupational disease. An occupational disease shall be deemed to arise out of and in the course of employment when there is evidence that there is a direct causal connection between the work performed and the occupational disease.

In English, what this means first and foremost is that fault is not an issue, and that it only matters whether you were in the scope of employment at the time of the injury.

We talk to client everyday who spend most of their time explaining everything the employer did wrong that led to the injury.  We listen, but unfortunately, unless it was intentional it makes no difference because fault is simply not an issue.  If you get hurt at work for a covered employer, you get benefits.  It’s that simple.

Scope of employment is not so simple.  There are cases where you could be off the clock and in your own vehicle and still be covered if you fall under the traveling employee section.  You may be off the clock and injured in the parking lot on the way to the car and still be covered.  You may hurt your shoulder while doing therapy for a work related neck injury and still be covered for a new injury.  There are many more examples that would challenge the definition of “scope of employment” but don’t be too quick to assume one way or another whether injury is or is not in the scope of employment.  If you have had an injury, contact an attorney and get some free advice as to how the law applies to you.

Rogen K. Chhabra

For questions about this or any other area of the law, visit our website at www.cglawms.com or call our office at 601-948-8005 for a free confidential consultation.

The Truth About Workers Comp

People are often worried about getting fired if they hire a lawyer (or even if they don’t) after having a work injury – so what’s true and what’s myth?

First, Mississippi is an at-will employment state.  What that means is that an employer can terminate an employee for almost any reason, unless it deals with age, sex, race, etc.  Unfortunately a person can legally be fired just for the fact that they got injured at work. 

But when our firm’s employees get hurt on the job, we want them to get good treatment. That’s what good employers should do.  That’s why we pay for workers’ comp insurance.  Employers don’t pay those premiums just to be paying them.  If something happens, they should want you to get the benefits that they already paid for so that you can get better and come back to work.  Otherwise, they have to go out and hire and train somebody new.  If your employer does not feel this way, the question would be “who wants to work for someone who doesn’t want to take care of their employees?” 

That’s the practical way to think through this issue, and even though you can’t sue the employer for firing you, there are legal consequences if they fired you after filing a workers compensation claim.  It creates a presumption in your comp case of permanent and total disability if your boss fires you after you get hurt at work.  The insurance company, and maybe even your boss, knows that.  So, even though (technically) there’s no recourse for firing you in retaliation for filing a WC claim, the presumption of disability does give them some incentive to keep you around.

The truth is, we don’t see many people get fired after making a comp claim.  The ones that do get fired are the ones who failed to get an attorney ahead of time.  A decent attorney will and should do all they can to protect you in this regard.  Usually, if our clients are told that they can’t come back to work, it’s because their employer can’t accommodate their restrictions.  Not because they filed a claim. 

If you got hurt and work and are worried about this issue, call our office for a free confidential consultation on what your rights are and don’t be one of those clients who waits until after they are fired to protect themselves.

Seth Thompson

For questions about this or any other area of the law, visit our website at www.cglawms.com or call our office at 601-948-8005 for a free confidential consultation.

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