Most employees aren’t aware of the compensation benefits that they are entitled to, although your employer is very much aware of how the compensation system functions. It is for that reason alone, hiring an experienced workers’ compensation attorney is important. During your initial consultation, our workers compensation attorney will advise you on legal options that are in your best interest as a victim of a work-related incident.
Our motivated Gulfport workers’ compensation lawyer at The Braddock Law Firm, PLLC can help protect your rights when doctors and legal advice, hired by your employer, try to prohibit you from getting vital treatment, attempt to cut off your benefits, or try to send you back to work much earlier than you should. Because our knowledgeable personal injury attorney, Talmadge Braddock, understands the ins-and-outs of the judicial system, we can vastly improve your chances of receiving the maximum pay-off to settle your claim.
Receiving Workers’ Comp Benefits
If you have been injured in a work-related accident, you may be entitled to benefits, including:
- Medical care
- Rehabilitation benefits
- Educational assistance
- Death benefits
- Provisional or permanent disability benefits
- Lost wages.
Once you have received compensation from your employer for your injury you cannot sue the company for additional moneys related to your injury, but you are able to file a lawsuit against third parties involved in the incident. Talmadge Braddock, our well-versed lawyer can ensure you receive the everything you are entitled to.
Reasons Workers’ Comp May be Denied
Workers’ compensation in Gulfport operates on a no-fault model. This means that you may claim benefits even if your actions that led to an injury on the job. However, there are limits to this. An insurance company may deny payments if it believes that an injury was the result of horseplay. In fact, the injury must result from you performing your work duties. Allegations that an injury occurred while s intoxicated or under the influence of drugs may also be a justification for a denied claim.
Another common reason for a workers’ compensation denial is that the injury was not the result of you performing you job. This is especially relevant when a workers’ compensation claim centers around a disease. Insurance companies can argue that an injury occurred while a person was off the clock or even while walking to their car after the end of a shift. Our diligent attorney at The Braddock Law Firm, PLLC can help identify the reason for a denial of workers’ comp benefits and work to obtain evidence that rebuts these allegations.
Appealing Workers’ Compensation Denials in Gulfport
Receiving a denial on a workers’ compensation claim does not mean that you must accept it. In fact, every worker has the right to appeal this denial.
The Mississippi Workers’ Compensation Commission oversees the appeals process. To initiate an appeal, an employee must complete and submit Form B-5,11 no more than two years from the date when an illness or injury left you unable to work. When the Commission receives this form, it will schedule a formal hearing.
In the meantime, the insurance company and our Gulfport workers’ compensation lawyer, Talmadge Braddock, will engage in discovery. This is an opportunity to obtain new evidence about the accident and discuss a potential settlement. If a settlement does not occur, the Commission will hold a full hearing to decide what compensation you deserve.
Call a Gulfport Workers’ Compensation Attorney Today
Every employee in Gulfport deserves compensation when a workplace injury or illness impacts their ability to earn a living. This can include payments for the cost of medical care, temporary disability compensation, and payments for any total disability. Sadly, insurance companies and employers may refuse to issue these benefits. If they do, you have the right to dispute this denial.
At The Braddock Law Firm, PLLC, our Gulfport workers’ compensation lawyer can help you. Talmadge Braddock will work to identify the reason for a denial and obtain evidence that works to prove your case. He can also take the lead to file requests for hearings with the State’s Commission and appear in person to argue your side of the story. Get in touch now as the time to file an appeal is limited.