712 E. Peace Street
Canton, Mississippi
(601) 855-2255

On the Job Injuries

If I am injured on a job, what are my rights?

If you work for an employer that employs five or more people, including yourself, you may be entitled to benefits under the Mississippi Worker's Compensation Law. Each employer in Mississippi is required to carry insurance to protect its workers when they are injured on the job.

Will workers' compensation cover any job injury?

In order to be covered, the injury must arise out of and during the course of your employment. Generally, if you are on your employer's premises and are injured, even from a fall while you are at lunch, you are covered under workers' compensation. However, some job injuries, such as those sustained while engaged in horseplay on the job, are not covered.

What kind of injuries may be covered?

Injuries received when using a machine that malfunctions or injuries that may even be your fault are covered under the law in Mississippi. Also occupational injuries that gradually develop from repetitive work such as assembly line work can be covered.

Whom shall I notify if I am injured on the job?

Generally, if time allows, you should notify your supervisor so that you can receive prompt medical attention.

When should I notify my employer of my injury?

The law requires that a report of injury be made within thirty (30) days of the date of injury. In a number of instances, an employee will be able to give immediate notification. In others, the employee, because of the nature or seriousness of the injury, may not be able to give notice until he is well enough to do so; however every effort should be made to give notice of injury within the time required by law. You should also make sure your employer fills out a written report of your injury.

Can I choose my own doctor to begin my treatment following my injury?

The law gives you the right to select the doctor of your choice and any doctor that your treating doctor refers you to, such as a specialist. If you allow the employer to choose your first treating doctor, then you generally are required to complete your treatment under the employer-selected doctor as well as any specialist that the employer-selected doctor refers you to for further treatment.

How much in medical expenses can I incur for my job related injuries?

There is no limit to the expenses you can incur so long as the injury you are being treated for is job related and the medical services are deemed reasonable and necessary for your recovery.

Am I entitled to any other benefits if I have to be off work?

Once an injured worker has been off work for fourteen (14) consecutive days, he is generally entitled to weekly benefits at the rate of two-thirds of his weekly wage beginning from the first date that he is off work.

If I reached maximum medical recovery and I am still disabled because of my job injury, can I receive additional benefits?

If at the end of your treatment, your doctor gives an opinion that you have sustained either permanent partial disability or permanent total disability and, further, that you have suffered a partial loss or a full loss of wage earning ability, you will be entitled to additional benefits at the rate of two-thirds of your average weekly wage up to a certain limit set by law.

How long can I receive weekly workers' compensation benefits?

The law allows an injured worker to receive benefits for a period of 450 weeks.

Are attorneys allowed to represent injured workers, and, if so, how do they pay their attorneys?

The law allows an injured worker to employ an attorney to assist him or her in recovering benefits. The law further states that an attorney generally is allowed to receive twenty-five percent (25%) of the monetary benefits he is able to recover for the injured worker. If no benefits are recovered, the attorney generally does not charge the client.

Is there anything else I need to know about Mississippi Workers’Compensation law?

There is much more information, but there is not enough space here to include all of it. Workers' compensation is designed to provide you medical benefits so that you can become well enough to re-enter the work force. For the time that you are off work, benefits are paid to assist you in meeting your basic needs. Once your doctor releases you from his care, you are required to return to your job or to find other work you can do based on your age, education and work history and the degree of recovery from your injury.

If you disagree with the opinion of your treating doctor regarding your ability to return to work or regarding his opinion of the extent of the disability you have suffered because of your on-the-job injury, you have the right to request a hearing before the Mississippi Workers' Compensation Commission. You also have the right to request a hearing if your employer denies that your injury or medical condition is job-related.

For further information regarding on the job injuries, please feel free to contact The Evans Law Firm at 855-2255 or a law firm of your choice.

Personal Injuries and Torts

What is personal injury law?

Personal injury law describes the field of law in which individuals seek recovery or damages for injuries they receive. Usually these injuries have been caused by torts committed by other individuals or companies. A tort is defined as a "civil wrong."We all owe certain duties to others as we carry on our daily lives. Torts involve violations of duties which are not necessarily punishable by criminal fines or imprisonment, although some torts can be considered criminal as well as civil such as assault and battery.

Are there different types of torts?

Yes there are a number of different torts. For instance, a driver of a car who hits someone from behind commits a tort or a civil wrong by failing to maintain control of his automobile. A store owner who allows a liquid soap to remain spilled on a floor for an unreasonable length of time, causing someone to slip and fall, commits a tort. A manufacturer may be guilty of committing a tort when its product, while being used in the correct manner, injures someone. The manufacturer may be at fault because the product was defectively design or contained a hidden defect. A surgeon who leaves a medical instrument inside a patient is guilty of committing a tort.In all of the above instances, an individual or company owed a duty to act within certain standards.

What can I do if I am the victim of a tort or if I am injured through someone else*s negligence?

When individuals or companies fail to act or forget to act within certain standards recognized by law and persons are injured, these individuals or companies can be held liable for their acts or omissions, and they can be sued for the damages they have caused.Recoverable damages generally include medical expenses, loss wages, and compensation for pain and suffering.

Can I handle my own case or do I need the assistance of a lawyer?

If the injury is very minor, you probably can represent yourself You will most likely be dealing with an insurance adjuster and if you can recover enough to pay your medical expenses and compensate you for the pain and suffering caused by the injury, you will have done a decent job.

However, you should note that the adjuster will normally have much more experience than you in these matters.If the injury is more serious, if the case is somewhat complicated, if you would rather have a professional deal with the insurance adjuster, or if you feel the best and maximum recovery can be had with legal assistance, then it is probably a good idea to retain a lawyer.

How will the lawyer charge me?

Many of us are under the assumption that only "TV lawyers" take cases for free and charge only if they recover money for us. The fact of the matter is that nearly all lawyers handling personal injury cases work this way. This manner of handling cases is referred to as a "contingency fee" arrangement. The lawyer basically advances the fees for working up your case. These fees may include paying for medical reports, paying court filing fees and paying other costs such as deposition fees.

Once the case is settled or concluded by a favorable trial verdict, the lawyer will subtract his costs from the monies recovered, and he will also subtract his portion of the fee arrangement he has with you. For instance, if the lawyer has a one-third fee arrangement, he will subtract one-third of the settlement. The remaining funds are then given to you.

How do I select a lawyer to represent me?

Whomever you select as a lawyer should be someone you can trust and who has a reputation for competence. Unfortunately, many persons who are injured never expect or anticipate being injured and may never have had dealings with a lawyer. Of course, lawyers are listed in the Yellow Pages and they advertise on television and radio. You can use these avenues to select a lawyer. However, if time allows, you should try to select a lawyer who has a good reputation, who is known to be competent and professional, and who is known to be fair.

This website makes no attempt to sum up the entire field of personal injury law, which is very large. Also, please note that each case must stand and be investigated on its own merits and an injury may not always be caused by someone else's negligence.   There must always be proof that a breach of a legal duty has occurred.

However, should the need for legal assistance or representation in a personal injury case arise, please feel free to contact this office at 601.855.2255 or to contact an attorney of your choice.

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