Suffering an injury at work can be a stressful and painful experience. In addition to the immediate physical pain, you may also worry about mounting medical bills and lost wages due to being unable to work. Fortunately, the Mississippi workers’ compensation system is there to provide a safety net for those who have suffered an injury on the job. However, the process of claiming these benefits can be complex and confusing.

At Gregory D. Keenum, PA, we have over 49 years of experience helping clients in Booneville and throughout Mississippi with complex legal matters. Our founder is dedicated to providing personalized and strategic solutions, including helping injured workers obtain the benefits they are entitled to. This guide is designed to help you better understand the process of filing a workers’ compensation claim in Mississippi.

Step 1: Seek Immediate Medical Attention

Your health is of utmost importance. If you suffer an injury at work, seek medical attention immediately. Be sure to tell the health care provider that the injury was work related. In case of an emergency, go to the nearest hospital or emergency room. For non-emergency issues, your employer may provide you with a list of doctors you are required to see first. Prompt medical care not only protects your health but also creates an official record of your injury, which is important for your claim process.

Step 2: Notify Your Employer in Writing

You should notify your employer about your injury as soon as possible. According to Mississippi law, you must provide written notice to your employer within 30 days of the accident or the date when you learned that your illness was related to work. Failure to do so could jeopardize your right to benefits.

Provide a clear and written statement that includes your name, date, time, and location of the incident, as well as a description of the injury. Make sure to keep a copy of this document for your records. Although verbal notification is a good starting point, written notification is legally necessary.

Step 3: Your Employer’s Responsibility

Once you have notified your employer, they will be required to report the incident to their workers’ compensation insurance company and the Mississippi Workers’ Compensation Commission, a state agency that oversees the workers’ compensation system. You will need to file a First Report of Injury with them. You may receive a copy of this report, but it is best to follow up to ensure that it was filed correctly and on time.

Step 4: Filing the Official Claim (Form B-5-11)

If your employer or their insurance provider accepts your claim, they will begin providing medical care and any relevant wage-loss benefits. However, if your request is denied, delayed, or if you encounter any resistance, it is essential to take the next crucial step: filing a formal complaint with the MWCC.

This is done by completing and submitting Form B-5-11, “Employee’s Claim.” This form officially begins your legal process for benefits. You must submit this claim within two years of the date of injury or the last worker’s compensation payment, whichever comes later. If you miss this strict deadline, you will most likely be denied any benefits.

Step 5: The Medical Process and Benefit Payments

If your claim is approved, the insurance company will pay for reasonable and necessary medical expenses related to your injury. You may be eligible for two main types of benefits:

• Medical benefits: This covers all medical expenses associated with your treatment, such as doctor’s visits, hospital stays, surgeries, prescriptions and physical therapy.
• Indemnity benefits: If your doctor places you on light duty or takes you off work, you may receive temporary total or partial disability payments. These payments are usually a percentage of your average weekly income up to a maximum set by the state.

Step 6: Overcoming Disputes and Denials

It is common for insurance claims to be contested. An insurance company may argue that your injury is not work-related, that you have a pre-existing condition, or that the treatment you have requested is unnecessary. 

If your claim is rejected, you have the right to request a hearing before an administrative judge. This is a formal legal process where having an experienced lawyer is invaluable. Your attorney can gather evidence, obtain expert medical opinions, and present a strong case on your behalf.

Why Legal Representation is Crucial

The workers’ compensation system can be adversarial. Insurance companies are businesses that focus on minimizing costs and often have legal teams working to protect their interests. If you don’t have your own advocate, you could be at a significant disadvantage.

An experienced workers’ compensation attorney can:

• Ensure all paperwork is filed correctly and on time
• Handle all communication with the employer and insurance adjuster
• Negotiate a fair settlement that covers your future medical expenses and lost wages
• Advocate for you in hearings and appeals if your claim is denied

You Don’t Have to Navigate This Alone

At Gregory D. Keenum, PA, we understand the physical, emotional, and financial burden that a workplace injury can bring. Our team is dedicated to advocating for your best interests and helping you focus on recovery. 

If you have suffered a work-related injury in Mississippi and been denied compensation, do not let your employer’s opposition prevent you from receiving the support you deserve. Contact us today to schedule a consultation and discuss your case.