What You Need to Know If You Are Injured on the Job in Mississippi
You have the right to choose your own physician, or accept your employers.
Getting injured at work can be very stressful and frustrating. This article is designed for general information about the rules in most work-related injury cases and is not legal advice. If you have any specific legal questions, you should contact an attorney that specializes in workers' compensation cases or the Mississippi Workers' Compensation Commission at 866-473-6922.
Who is covered under Mississippi law? All employers with 5 employees regularly employed are required to provide workers' compensation insurance coverage. If the employer has less than 5 employees, workers' comp coverage is not mandatory but may be provided voluntarily by the employer. Domestic and farm labor, and employees of non-profit fraternal, charitable, religious or cultural organization are not covered under the Law unless coverage is provided voluntarily by the employer. The Law does not apply to federal employees or certain transportation and maritime employments covered by federal compensation laws. Independent contactors are ordinarily excluded from coverage although special protection is given to employees of subcontractors.
You must promptly report your illness or injury to your employer. An injured employee should immediately notify their supervisor or other person designated by the employer. Prompt and accurate reporting is essential. The employer is then required to make a report of the injury and notify its insurance company and/or the Workers' Comp Commission. An injured employee should try to give the employer notice of the injury within 30 days
You are entitled to treatment. An injured worker is entitled to reasonable and necessary medical services required to treat the injury and to achieve maximum cure. Any injury, however slight or serious, is covered if it arises out of the course and scope of employment. Occupational illnesses and diseases are also covered if job-related.
You have the right to choose your physician. The Workers' Compensation Law provides that an injured worker has the right to select one physician or medical provider of his or her own choosing to render treatment. This chosen provider may make one referral of the worker to another specialist to continue treatment without approval from the employer or their insurance carrier. However, any additional selection or referral must be approved in advance by the employer or their insurance carrier. The worker is not limited to a licensed medical doctor and may choose, for example, a chiropractor for treatment.
General Rule 9: Employers are to select competent physicians, hospitals, and other attendance or treatment and immediately furnish such service, including all emergency services, to the injured employee. The injured employee shall have the right to accept the services furnished by the employer or, in his discretion, to select one (1) competent physician of his choosing and such other specialists to whom he is referred by his chosen physician to administer medical treatment according to the guidelines set forth in Mississippi Code Annotated Section 71-3-15 (1) (1972), as amended.
We would like to help you get the necessary treatments that you need and deserve. To schedule an appointment and a free consultation with the doctor to discuss your problem, call 601- 545-LETT (5388).