Mississippi Worker's Compensation - Help For Injured Mississippi Workers

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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Employer Doesn't File Comp Claims

    My husband has worked as a mechanic for the last 16 years. He has worked for the same man for the last 4 years. In the last 6 months, he has developed severe back pain with numbness going down his left leg. He was treated by the family doctor for ciatica. The treatment relived pain enough for him to go back to work. Please note that his employer was aware of the back pain, treatment, and why he was missing work. The pain has gotten worse and a MRI was done on 10/1 with a diagnosis of 2 bulging disc, a protruding disc, and a tear in something. The employer was notified that my husband could not return to work for another 3 weeks, until the appointment with a neurosurgeon. I found somewhere on the Ms workers comp site that you have 30 days from date of diagnosis to file a claim. My husband ask his employers for an incident report and was told that he did not have any at his store, he would have to get them from one of the chain stores. He told my husband that he could file a claim but it would be kicked out. This employer has NEVER filed anything on wc. A year and a half ago when my husband got a piece of metal in his eye, the employer sent him to an eye surgeon and paid for it himself. The secretary fell on the job and broke her arm. She left work and did not file on wc for fear of being fired. She paid for all bills out her pocket, missed work and was not compensated. Can anyone tell me, should we just drop this or should we talk to an attorney?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Give Advice

    your husband will need a medical opinion that his back condition is related to his work in order to get workers compensation benefits.
    it does appear as though all disputes and delays are handled thru litigation.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Give Advice

    He told my husband that he could file a claim but it would be kicked out.
    Whether a claim is accepted or not isn't the supervisor/boss decision. Once the claim is filed with the employER's carrier, they will investigate, and dicide to accept or deny the claim.

    You/your husband should file the first report of injury with the ER and/or WC commission.

    Information on the process/system in MS is here http://www.mwcc.state.ms.us/

    Don't let this ER intimidate you. File the claim for the benefits you/he is eligible for. Additional FAQ/instructions are here http://www.mwcc.state.ms.us/INFO/wcfacts.pdf

  4. #4
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Give Advice

    I did open a workers comp claim with the employers insurance carrier. Over a week later they contacted the employer. Employer told them he didn't know anything about the injury because a report was not filled out. Now the employer is talking about how many days of work my husband has missed. My husband wants to go get his toolbox tomorrow but I am telling him NO. The employer has not told him he is fired, but is interviewing for a mechanic position. I told hubby to let him fire him, if he goes and gets his stuff that will be saying he quit. This is just all so frustrating. We were already having financial problems, now it is worse. We have 2 kids and are now loosing our home. Luckily we have family to stay with but it will not be the same. Employer is being very ugly about the whole thing and is mad because we went above his head to file the claim.

  5. #5
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Employer Doesn't File Comp Claims

    you can contact the mississippi work comp commission but it doesn't appear there is much they can do outside of the court system.
    http://www.mwcc.state.ms.us/

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