Kyle Robertson, PLLC Kyle Robertson, PLLC 2025-03-31T13:33:15Z https://www.dkylerobertson.com/feed/atom/ WordPress /wp-content/uploads/sites/1404586/2024/11/cropped-KyleRobertson-site-icon-32x32.png On Behalf of Kyle Robertson, PLLC <![CDATA[Permanent benefits under Mississippi workers’ compensation laws]]> https://www.dkylerobertson.com/?p=47848 2023-09-08T14:44:38Z 2023-09-08T14:44:08Z Mississippi’s workers’ compensation laws aim to address this problem, at least partially.

Temporary versus permanent benefits

Most states offer temporary and permanent workers’ compensation benefits, and Mississippi is no exception. However, when you hear the word “permanent,” you may think that means forever. However, unfortunately, that is not the case.

Permanent disability benefits

Mississippi’s permanent workers’ compensation benefits do not last for the rest of your life. The maximum is 450 weeks, which equals about 8.5 years. While these benefits do not last your entire life, it should give you time to find a longer-term source of financial and health care benefits.

Types of permanent benefits

Mississippi separates permanent workers’ compensation benefits into two categories:
  1. Permanent partial disability benefits
  2. Permanent total disability benefits
The difference between the two lies in the type and severity of the disability and whether you can still work at all. If your disability allows you to work a certain number of hours or to work with a reduced workload, you could be entitled to two-thirds of the earnings you made before your injury. A permanent disability that does not allow you to work at all can also entitle you to the same amount in addition to any “reasonable and necessary” medical treatment. The goal of treatment is to cure you as much as possible. Getting the benefits you need and deserve after being injured or hurt at work can be challenging sometimes. Lots of paperwork and information is necessary to process a claim, especially for permanent benefits. Understanding the law and how Mississippi’s workers’ compensation program works is critical so you can make the best decisions for yourself.]]> On Behalf of Kyle Robertson, PLLC <![CDATA[Work injuries do not always guarantee workers’ compensation benefits]]> https://www.dkylerobertson.com/?p=47846 2024-11-28T09:38:20Z 2023-07-14T20:11:55Z Potential outcomes Multiple options exist when insurance companies are “helping” injured workers get treatment. Those include:
  • Case denial is unfortunately common when insurers claim that no injuries occurred on the job, making the worker ineligible for any form of medical treatment or benefits
  • Insurers pay for medical treatment but not lost wages. The reasons are twofold: First, they have not paid because that benefit is not due, or they are not required, resulting in refusals even to start the process
  • Acknowledge that the injury did occur and that the worker is eligible for medical treatment and lost wages benefits.
Medical-only claims initially limit injured workers to treatment from a doctor on the physician’s panel that comes from a list that should be posted on the job site. Certain requirements include a six-physician list with at least one orthopedic specialist, no more than two industrial clinics, and one minority doctor. For employers who do not have a panel or one that is in non-compliance with the requirements without a waiver in advance, the injured employee can select their own doctor that could include:
  • Family physician
  • Chiropractor
  • Physical Therapist
Additional choices exist if the injured worker does not find care to be satisfactory. Options exist for a one-time selection of a preferred medical professional of their choosing. Work injuries create uncertainty for employees who may already struggle to make ends meet. A workers’ compensation attorney can help to even the odds for hard-working professionals.]]> On Behalf of Kyle Robertson, PLLC <![CDATA[The two different types of divorce in Mississippi]]> https://www.dkylerobertson.com/?p=47512 2023-05-11T15:52:05Z 2023-05-11T15:51:13Z
  • Irreconcilable divorce
  • Fault based divorce

    • Irreconcilable differences

    This type of divorce, also called uncontested divorce, is for parties who agree, and both want a divorce. If one party does not want the divorce and the other party does, they cannot file for this type of divorce. This type of divorce is restricted to marriages where both agree that irreconcilable differences exist, and the marriage has been irretrievably broken. If both parties agree that they want a divorce but do not agree on any specifics, like the division of property or child custody issues, they can still have this type of divorce, and the court will manage the problems between the couple.

    Fault Based Divorce

    This type of divorce happens when one spouse wants a divorce, and the other does not. In this kind of divorce, the petitioner must prove that the other party is to blame for the marriage breakdown. The state has 12 reasons, or fault grounds, for this type of divorce.
    1. Impotence
    2. Adultery
    3. Desertion
    4. Drug use
    5. Drunkenness
    6. Incarceration
    7. Abuse
    8. Insanity
    9. Bigamy
    10. Pregnancy by another man
    11. Incest
    12. Incurable mental illness
    For a party to petition the court for a fault based divorce, the filing party must claim that the other party committed at least one of these faults. Divorce laws differ across the country, and understanding the specific laws in your jurisdiction is imperative. Whether you are a couple considering an uncontested divorce or an individual filing for a fault-based divorce, you have options and choices to make in the process.  ]]>         On Behalf of Kyle Robertson, PLLC <![CDATA[Can you lose your job after filing a workers’ comp claim?]]> https://www.dkylerobertson.com/?p=47510 2023-02-27T14:47:44Z 2023-02-27T14:47:44Z
  • If the employee cannot perform the job's essential duties as before the injury, regardless of whether the inability to perform is due to the injury the employee sustained at work.
  • For reasons unrelated to the workers' compensation claim. This can certainly raise suspicion due to the timing of the events. However, if the employers can prove it has nothing to do with the workers' compensation claim, the employer may have valid grounds for termination.

    • Wrongful termination?

    Under Mississippi Workers' Compensation laws, if an employee is fired after sustaining an injury at work, the law presumes that the termination was due to their injury. While the employer can rebut this presumption, it is a burden that the employer must overcome in court. Mississippi employees have other options, such as filing a tortious interference with employment claim against the individual who caused the termination, such as the supervisor. In that case, the employee must show that the supervisor acted in bad faith when they terminated the employee. Unfortunately, while most states have legal protections for employees who file workers' compensation claims, Mississippi does not. However, there are other legal avenues an employee can explore with proper knowledge and advocacy.]]>         On Behalf of Kyle Robertson, PLLC <![CDATA[Workers’ compensation for back and spine injuries in Mississippi]]> https://www.dkylerobertson.com/?p=47507 2023-07-06T08:53:01Z 2023-01-12T18:04:22Z Back and spine injuries Back and spine injuries can be severe and life-threatening. They can have a permanent effect on your quality of life and your livelihood. These injuries can be severe and sometimes make it impossible for employees to return to work. The back and spine are as delicate as they are necessary for your entire body to function. As a result of back and spine injuries, employees can develop:
    • Herniated discs, which press into the nerve and cause irritation, pain and sciatica.
    • Spinal stenosis, which is the narrowing of the spinal cord.
    • Fractures and strains, which cause permanent pain, with or without surgery, for life.
    As a general rule, under Mississippi law, employees injured are protected and entitled to workers’ compensation insurance if they sustain an injury at work. However, sometimes, workers’ compensation insurance companies deny claims or offer settlements much lower than what the injured employee expects or needs to cover their medical expenses, lost wages and more.

    Submitting a workers’ compensation claim

    The process between submitting a claim and reaching a settlement with the insurance company is not as easy as one might think. Specifically, for severe injuries where more significant amounts of compensation are involved, insurance companies can be complex and sometimes even deny employees' claims. As you can see, back and spine injuries are severe, and if you sustain this type of injury during your employment, workers’ compensation insurance should compensate you. The amount that the insurance company pays you is not a predetermined amount. It depends on the circumstances, which is why it is vital that you understand your rights and either advocate for yourself or consider having the legal support of an advocate who will fight for your compensation based on the injuries you sustained.]]>         On Behalf of Kyle Robertson, PLLC <![CDATA[Am I eligible for workers’ compensation benefits?]]> https://www.dkylerobertson.com/?p=47505 2022-10-19T21:56:34Z 2022-10-19T21:56:34Z Your eligibility primarily comes down to employment status and whether your injury was work-related. As long as you are a full- or part-time employee who receives benefits, you qualify for workers’ compensation if your injury stemmed from the work you do.

    Contract workers are ineligible

    Your employer should have workers’ compensation insurance to cover employees. Those benefits are primarily for medical expenses and lost wages. Typically, you will receive the equivalent of 66.6% of your average weekly wage. Scenarios in which workers are ineligible for workers’ compensation benefits include:
    • Contract workers: Gig workers usually are independent contractors who do not receive workplace benefits, including workers’ compensation. But if your employer is a staffing agency and subcontracts you to another company, your employer is responsible for providing you with workers’ compensation coverage.
    • Your injury did not occur at work or during work-related duties: Remember, this has to be an injury while performing work-related duties, not something that happened at a weekend family get-together. However, exceptions include off-site injuries that occur while performing your job duties as well as occupational diseases that have links to your working conditions.
    • Horseplay: If your injury occurred because you were goofing off with another worker on site, then you are not eligible for workers’ compensation benefits.
    • Drug or alcohol impairment: Substance abuse may rear its ugly head in the workplace. And if you sustain an injury because you were high or drunk, then your employer’s insurer will deny benefits.
    Besides independent contractors, other workers who do not typically qualify for workers’ compensation benefits include undocumented workers, seasonal workers, domestic workers and agriculture workers.

    Know your status

    Employers are responsible for the safety of their workers as well as purchasing workers’ compensation insurance to cover them in case they get hurt on the job. Make sure you know your status when it comes to eligibility for these much-needed benefits.]]>         On Behalf of Kyle Robertson, PLLC <![CDATA[Workplace injuries and securing workers’ compensation]]> https://www.dkylerobertson.com/?p=46836 2021-08-03T10:27:51Z 2020-01-16T06:00:00Z Going to work can feel like a very routine task for individuals in Mississippi and elsewhere. While a person's job is heavily relied on for income and the ability to afford daily living expenses, a career can also offer an individual purpose and enjoyment. Thus, when a worker is harmed at work, finding it challenging or impossible to work because of his or her injury, this can be extremely detrimental, as it impacts the work both physically and financially. Following a workplace injury, it is common for an injured worker to file for workers' compensation benefits. While many workers obtain these benefits in such a situation, others find it difficult to secure these necessary benefits. Whether an injured worker is experiencing resistance from their employer or their insurance company, the legal team at Kyle Robertson, PLLC can help you successfully navigate these matters. For those needing assistance with the initial application, our law firm takes the time to fully assess the situation and the facts of the matter. This helps ensure all documents and medical evidence is provided in the claim. For those experiencing pushback or who have been denied workers' comp, our legal team can step in, helping with any negotiation, mediation or litigation that may take place. Additionally, for denied claims, our law firm is knowledgeable of the appeals process, and is available to help clients through this and any other phase of the process. To learn more, check out our law firm's work injuries website. Filing for workers' compensation benefits not only helps an injured worker address the initial harms associated with the injury, such as medical bills, rehabilitation and lost wages, but it could also help one get back to work. Thus, it is important that injured workers, no matter the type of injury or industry that they work in, understand their rights and options following a workplace accident. ]]> On Behalf of Kyle Robertson, PLLC <![CDATA[Work injuries are common for nursing professionals]]> https://www.dkylerobertson.com/?p=46840 2021-08-03T10:28:01Z 2020-01-02T06:00:00Z Nurses are important professionals in the medical field. While doctors are often the parties that see, diagnose, and operate on patients, nurses maintain patients' health through the administration of treatment plans, medications, and other processes. In Mississippi, nurses make a significant difference in the lives of medical patients in offices, clinics, hospitals, and care facilities. However, despite the care and compassion that they exhibit to the patients on daily basis, nurses are often hurt and harmed in the course of their work. Work injuries affect nurses each day and cause some nurses to miss work and require support to make ends meet. Some workplace injuries may allow nurses to pursue workers' compensation, but all work injury cases should be discussed with victims' own attorneys. Among nurses, back injuries are some of the most common forms of harm that they may face while on the job. Nurses help support patients when they get up, move into beds, and even during active medical events like labor and delivery. Back strain and more serious back harm can prevent nurses from doing their jobs. Additionally, as nurses are often the professionals administering medications, they face accidental needlestick injuries with some regularity. Not only are the actual sticks painful injuries to nurses, but when they happen they introduce patients' medications, illnesses, and other substances into the nurses' bodies. Nurses also face harm when patients become angry and use force or violence to harm the nurses charged with their care. Nurse injuries are common in a field where the professionals spend their days working directly with those who are in need. This post does not provide any legal advice and advises readers that its contents are offered only as information on a broad and complex legal topic. ]]> On Behalf of Kyle Robertson, PLLC <![CDATA[Avoiding common ladder-related injuries]]> https://www.dkylerobertson.com/?p=46842 2021-08-03T10:28:07Z 2019-12-31T06:00:00Z Ladders are a necessity in many occupations, including construction, warehouses, maintenance and repair and even the service industry. But a fall from ladder can result in serious injuries that may interfere with your ability to perform your job. The most recent statistics show that ladder-related incidents account for over 20,000 workplace injuries. Often times, ladder accidents are entirely preventable. Knowing this, it can make a ladder-related injury all the more frustrating. Types of ladder-related injuries Because most ladder accidents involve falls from tall heights, the injuries usually surpass simple cuts and bruises. Ladder-related injuries usually result in:
    • Broken bones
    • Sprained or dislocated joints
    • Back injuries
    • Traumatic brain injuries
    In some unfortunate cases, a fall from a ladder can even result in death. Any injury sustained from a significant fall can easily keep you from work. And when a workplace injury prevents you from doing your job, you lose wages. This makes it difficult — and sometimes even impossible — to pay for any medical expenses that come your way. Ladder safety tips and injury prevention Some workplaces have training programs or at the very least safety pamphlets for workers to read through. However, accidents do happen. To keep yourself and other coworkers safe while working on a ladder, here are some basic ladder safety tips to remember:
    • Wear appropriate footwear — Ladder steps can get slippery, especially if you’re working outside. Sturdy, water-proof shoes can help prevent you from slipping off of a ladder rung.
    • Inspect the ladder before use — This is a simple but often overlooked step that can sometimes lead to bad accidents. Your inspection should include things like checking that the ladder’s locks are in place and making sure it’s on level ground.
    • Check your surroundings — Before placing your ladder where you need it, it doesn’t hurt to make sure that your ladder is in clear view. Don’t place it in front of a door or window without putting a sign up first that warns other workers that a ladder is in use.
    • Remember three-point contact — Basic ladder safety protocol requires you to maintain three points of contact on the ladder at all times. Leaning sideways or backwards while taking one hand off the ladder can offset your balance and the ladder’s stability.
    Seek help for your injuries Even when you follow these safety measures, sometimes you can’t avoid a ladder accident. If you sustained a serious or debilitating injury because of a ladder-related incident in your workplace, don’t hesitate to seek compensation. Workers’ compensation is an option that can help you get the benefits you need to help you manage the aftermath of a workplace injury. ]]>         On Behalf of Kyle Robertson, PLLC <![CDATA[What workers’ compensation can provide to injured workers]]> https://www.dkylerobertson.com/?p=46846 2021-08-03T10:28:16Z 2019-12-20T06:00:00Z Workers' compensation benefits in Mississippi are a valuable resource available to injured workers that can help them through a vulnerable period in their lives following a workplace injury. Workers' compensation benefits can help injured workers with many of the struggles they face after being hurt on the job which is why they should be familiar with what those resources look like. Workers' compensation benefits include benefits for medical services and equipment that are reasonably necessary and it is also important to be aware that the injured worker is free to choose their own medical care provider. Death benefits are also available for surviving spouses and some dependents if the worker dies because of a workplace injury or illness. Funeral expenses up to $5,000 may be available to surviving family members of workers killed on the job. It is important to note that workers' compensation benefits are available to workers who are injured on the job or suffer from a workplace illness. Additionally, workers' compensation benefits provide compensation for a decrease in earning capacity while the injured worker is temporarily partially disabled. During that time, the worker typically receives two-thirds of their average weekly wage for a maximum of 450 weeks. Workers' compensation benefits can also help with permanent partial disability to compensate the injured worker if they can return to work but earn less than they did before they were injured. Permanent total disability benefits may also be available to the injured worker which is typically compensated at two-thirds of their average weekly wage for a maximum of 450 weeks. Workers' compensation benefits are oftentimes a vital lifeline to help injured workers get through one of the hardest times in their life. As a result, they should be familiar with the different benefits available to them and how they may be able to help them in their situation. ]]>