Mississippi workers’ comp lawyer | Lunsford, Baskin & Priebe PLLC https://www.lunsfordbaskin.com Mon, 06 Jun 2022 08:47:36 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 https://www.lunsfordbaskin.com/wp-content/uploads/2021/08/cropped-Logo-32x32.jpg Mississippi workers’ comp lawyer | Lunsford, Baskin & Priebe PLLC https://www.lunsfordbaskin.com 32 32 Stress and Anxiety and Mississippi Workers’ Compensation https://www.lunsfordbaskin.com/stress-and-anxiety-and-mississippi-workers-compensation/ Tue, 31 May 2022 19:29:27 +0000 https://www.lunsfordbaskin.com/?p=3177 Read More »]]> When discussing workers’ compensation, most people think of the physical injuries or illnesses they can sustain on the job that would result in them needing to file for benefits. However, mental health issues and stress can be just as much of a threat and require medical care and time off work.

While many things in your life can cause you stress and impact your mental health, it is also possible for your job to cause you mental distress. And if this is the case, you have a right to file for workers’ compensation benefits. 

However, proving that you are struggling from work-related stress or that your mental health is suffering because of your job is more difficult than proving a physical injury. In order to be compensated for mental or emotional distress caused by your job, you will have to work harder to show proof that your work conditions or a specific incident are the direct cause of your distress. You will also need to prove that those conditions or the incident are beyond what you are typically expected to endure in your line of work. 

In this situation, it is wise to consult with an experienced Mississippi workers’ compensation attorney. Applying for workers’ compensation under normal circumstances can be a challenge, so if you are applying due to mental health and stress concerns, you will need someone experienced in workers’ comp law to help you prove your case. 

How Stress, Anxiety, and Poor Mental Health Can Impact Your Performance and Safety 

Poor mental health and stress can have a negative impact on your entire life, but studies have shown that workplace stress can be even more of a threat. 83% of workers suffer from work-related stress and companies lose up to $300 billion a year as a result of workers who are impacted by workplace stress and anxiety. 

This is because not only can stress affect a worker’s performance on the job, but it can put them at a higher risk of having an accident that causes an injury. Workers impacted by high amounts of workplace stress also tend to take more days off work for their mental health. 

Overall, workplace stress can lead to:

  • Distraction on the job. Being distracted while working can result in severe accidents and injuries—especially for those who work in dangerous fields, such as construction. 
  • Taking shortcuts. When a worker is stressed, they are likely to look for the easiest way to get their work done, which can put them at risk and can impact their productivity and performance levels. 
  • Substance abuse. High levels of stress tend to cause people to lean on drugs and alcohol to make them feel better. Unfortunately, substance abuse is not only bad for your health, but it can also put you at further risk of causing an accident at work or poor work performance. 
  • Violence. When a person is under significant amounts of stress, they are also more likely to lash out at people and act violently. At work, this can put other people at risk and can result in termination of employment. 

Workplace stress can also impact your physical health in addition to your mental health. People who suffer from stress long-term because of their job are more likely to develop cardiovascular disease, impaired immune systems, and musculoskeletal disorders. Long-term stress can also severely impact your mental health and wellbeing and can lead to serious psychological disorders. 

Signs That Your Job Is Impacting Your Mental Health and Causing You Stress 

It’s important to recognize red flags at work that could be affecting your mental health as well as signs and symptoms of emotional distress.  

Common causes of workplace stress include:

  • Unfair and unethical treatment 
  • Being threatened or harassed
  • Physical assault 
  • Sexual assault and harassment
  • Being forced to take on an unmanageable workload
  • Poor communication and lack of clarity
  • Unreasonable time constraints and deadlines

Common signs you are suffering from workplace stress include:

  • Difficulty getting out of bed in the morning to get ready for work.
  • Heightened levels of stress and anxiety when thinking about going to work
  • Being scared to go to work
  • Fatigue
  • Low morale 
  • Irritability and emotional outbursts
  • Changes in appetite
  • Frequent headaches
  • Being argumentative in the workplace
  • Difficulty concentrating
  • Poor workplace performance
  • Drug and alcohol use

Applying for Workers’ Compensation Due to Workplace Anxiety and Emotional Distress

Proving your job is causing undue amounts of stress and severely impacting your mental health is not easy, but it’s not impossible either. The key is to work with an attorney and gather as much proof and evidence as possible. 

To start, you should report the conditions or incident(s) to your human resource department immediately. Next, you should consult with an attorney. They can offer you guidance and help you understand whether you will be eligible to file a workers’ compensation claim or not. 

Some jobs are inherently stressful, and you might not be eligible for compensation if the stress you are suffering from is considered typical for your line of work. However, if the stress and your mental health are being affected by unethical and negligent circumstances, then you should be eligible to file a claim. 

If you are eligible, then you will need to officially report what happened and inform your employer that you need to file a workers’ compensation claim. Once your claim is filed, you will then have to prove to the workers’ compensation insurance company that your stress and mental health were impacted by workplace conditions or a specific incident. 

Insurers will try to argue that your stress is caused by something outside of work or that your stress is typical for people in your career. This is why it’s important to work with an attorney and to have evidence that your stress is work-related, such as the initial reports you filed with HR.

It can also be beneficial to keep a journal of your symptoms and when they started at work or what triggers them at work. Seeking help from a therapist can also further prove that your mental health has been so severely impacted that you needed to seek therapy. 

You will also need to show that what caused your stress at work is not typical or usual. Working in healthcare, for example, can be an inherently stressful job, and you would not be able to successfully file a claim without proving that something out of the ordinary for that line of work is what caused the stress.  

Connect with an Experienced Mississippi Workers’ Compensation Attorney

If you are suffering from mental distress and anxiety at work, our team of workers’ compensation attorneys can help. We have years of experience handling all kinds of workers’ comp cases, and we know what it takes to help our clients prove they are suffering and deserve to be compensated for their work-related distress. 

For a free consultation with one of our experienced workers’ compensation lawyers in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available. 

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Workers’ Compensation For Truck Drivers https://www.lunsfordbaskin.com/workers-compensation-for-truck-drivers/ Tue, 19 Apr 2022 18:53:34 +0000 https://www.lunsfordbaskin.com/?p=3048 Read More »]]> According to the FMCSA, there are 2,060 accidents every year involving semi-trucks, 18-wheelers, and other large commercial vehicles. In addition to potentially fatal car accidents, truck operators also regularly face occupational hazards that can cause serious physical harm. Motor vehicle accidents are a leading cause of death in the United States, so it only makes sense that truck drivers should receive workers’ compensation for occupational injuries they sustain on the job.

If you are a truck driver who was injured while at work, you may be entitled to workers’ compensation benefits depending on your employer’s coverage. In this blog, we discuss how truck drivers may receive workers’ compensation after sustaining a workplace injury.

Workers’ Compensation Laws in Mississippi

As a general rule under Mississippi state law, any workers who have suffered a work-related medical condition are entitled to workers’ compensation. This means you do not have to prove that your employer was at fault for causing your injuries.

However, you must be a covered employee who sustained an injury while performing job-related tasks within the scope of employment. For example, if you were on a work delivery driving your normal route and slid on a patch of ice, your claim should be covered. If you were making a personal errand run, however, you may not be eligible to file.

There is one caveat to this no-fault system, however. This workers’ compensation will serve as your only remedy and you forfeit your ability to sue your employer in court. So as far as financial compensation goes, you will be limited to workers’ compensation benefits and they do not cover emotional damages or pain and suffering.

Workers’ Comp Benefits for Truck Drivers

If you are a truck driver who qualifies for workers’ compensation, your benefits may include:

  • Costs for medical treatment
  • Wage replacement for lost time at work
  • A numbered amount of your wages for total or partial disability paid on a permanent or temporary basis
  • Death benefits for qualifying family members

Time is of the essence when it comes to filing for workers’ compensation. If you delay in getting the process started, you may not file in time and be denied benefits when you need them most. In many states, there is a strict statute of limitations that establishes a deadline for when you must file. For example, in Mississippi, the state allows you 30 days from when you first sought medical treatment to notify your employer of a workplace injury.

Furthermore, Mississippi state law allows you only two years from the date of your injury to file for workers’ compensation. This may seem like an ample amount of time, but depending on your injury, you might be recovering for an extended period of time, and before you know it, you are approaching the deadline to file. Don’t hesitate to speak with an attorney as soon as possible to get the help you need in filing for workers’ compensation.

Contact a Mississippi Workers’ Comp Lawyer Today!

Workplace injuries can happen at any time and can put a heavy burden on you during a time when you need rest and recovery. You shouldn’t have to worry about your finances while you recover from a workplace injury, so let us help you. We have the experience needed to fight these insurance companies in court, and we want you to receive the compensation you deserve.

For expert workers’ compensation support in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. Our attorneys specialize in workers’ compensation, and we have years of experience helping Mississippians receive the workers’ compensation they deserved. Call our office at 601-488-3975, or schedule a free case evaluation by clicking here.

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Can I Get Workers’ Compensation If I Suffered a Burn Injury at Work? https://www.lunsfordbaskin.com/can-i-get-workers-compensation-if-i-suffered-a-burn-injury-at-work/ Mon, 18 Apr 2022 17:09:27 +0000 https://www.lunsfordbaskin.com/?p=3044 Read More »]]> Burn injuries are common in the workplace, especially in Mississippi. These injuries are incredibly painful, and they frequently require employees to undergo expensive medical treatments and take time away from work. The US Bureau of Labor Statistics noted that there are around 20,100 workplace burn injuries every year that require employees to take a recovery period away from work.

Without workers’ compensation, employees may have to pay out of pocket for their medical treatments and recovery. This can be especially financially draining if they’re unable to work while they heal.

Fortunately, workers’ compensation should cover any burn injuries you sustain while on the job, but receiving the full workers’ compensation you deserve isn’t always easy. Employers and their workers’ compensation insurance companies frequently look for ways to deny or underpay workers’ compensation claims in order to save money. If an insurance company unfairly denies your claim, you need to contact a workers’ compensation attorney.

In this blog, we discuss what you need to know about Mississippi workplace burn injuries and recovering workers’ compensation.

Burn Classifications

When suffering from a burn injury at work, employees can sustain a variety of different burns that differ in their overall severity. The following are the different burn injury classifications:

  • First-Degree Burns: First-degree burns, also known as superficial burns, only involve the epidermis, which is the skin’s outer layer. These injuries are usually red, dry, and painful when touched. First-degree burns are painful, but they aren’t incredibly serious, and they usually don’t result in long-term tissue damage.
  • Second-Degree Burns: Second-degree burns are also called partial-thickness burns, and they impact the thick portion of the skin’s second layer, the dermis. Second-degree burns frequently result in blistering and long-term scarring. These injuries may require victims to receive a skin graft.
  • Third-Degree Burns: Third-degree burns are also called full-thickness burns, and they frequently require multiple surgeries and skin grafts. These burns destroy the epidermis and can cause damage deep into your hypodermis, which is the bottom layer of your skin. This can also damage your tendons, muscles, and even your bones. Additionally, these injuries can destroy your nerve endings and cause your skin to appear white.
  • Fourth-Degree Burns: Fourth-degree burns destroy every layer of the skin, making them the most life-threatening type of burn. They can also destroy tendons, muscles, and bones. Victims of fourth-degree burns may require their afflicted area to be amputated.

Types of Workplace Burn Injuries

There are four main types of burn injuries employees can suffer from in the workplace. These include UV light burns, radiation burns, chemical burns, electrical burns, and thermal burns.

  • UV Light Burns: UV light burns are more frequently referred to as sunburns. These are common for those working outside and only result in first-degree burns. Those working outside for extended hours need to protect themselves from UV light burns through protective clothing and sunscreen. Sunburns can increase one’s likelihood of developing skin cancer.
  • Radiation Burns: Those exposed to nuclear radiation can suffer from radiation burns. Employees need to protect themselves from these serious burns by following their workplaces’ safety protocols.
  • Chemical Burns: Chemical burns involve exposure to dangerous, corrosive materials, including acids and solvents. These burns can deteriorate the impacted area, which could include the eyes or skin.
  • Electrical Burns: Employees working with electric currents can suffer from serious burns. These burns can result from faulty wiring or dangerous electrical equipment.
  • Thermal Burns: Thermal burns occur when someone is exposed to heat. They can result from explosions, steam, hot objects, hot liquids, and open flames.

Recovering Compensation From a Burn Injury at Work

Many different types of workers are at risk of suffering from burn injuries, including construction workers, food-service workers, firefighters, mechanics, electricians, radiation workers, and other occupations.

If you’ve suffered from a burn injury at work, you have every right to receive workers’ compensation as long as your employer has workers’ compensation insurance. Workers’ compensation covers treatments and expenses related to workplace injuries including doctor visits, surgeries, medications, physical therapy, in-home care, and more.

Additionally, workers’ compensation covers a percentage of your lost wages if you’re unable to return to work after a burn injury. You can receive ⅔ of your pre-injury earnings temporarily while you recover, or you can receive these benefits long-term if your injury permanently disables you. Mississippi employees can receive 450 weeks of lost wages benefits after suffering from a burn injury that keeps them from working.

Contact a Mississippi Burn Injury Lawyer

Although receiving benefits after a workplace injury should be a straightforward process, your employer or their insurance company may attempt to deny or underpay your benefits. If your benefits are unfairly denied or underpaid, you need a workers’ compensation attorney to help you receive the benefits you’re entitled to. For expert legal guidance in workers’ compensation cases in Mississippi, contact the lawyers at Lunsford, Baskin, & Priebe, PLLC. We have years of experience assisting Mississippi residents with workers’ compensation claims. Call our Jackson office today at 601-983-2667, or you can schedule a free case evaluation by clicking here.

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Healthcare Workers and Workers Compensation https://www.lunsfordbaskin.com/healthcare-workers-and-workers-compensation/ Thu, 31 Mar 2022 13:20:34 +0000 https://www.lunsfordbaskin.com/?p=2980 Read More »]]> Mississippi healthcare workers face tremendous pressure on a daily basis, especially with the continuing COVID-19 pandemic. Healthcare workers are more likely to sustain workplace injuries and illnesses than other employees. The Occupational Safety and Health Administration (OSHA) stated that hospital workers are twice as likely to sustain an injury or illness while on the job than private-sector workers. In this blog, we discuss dangerous healthcare worker jobs, common types of workplace injuries, and workers’ compensation.

Dangerous Healthcare Worker Jobs

Healthcare workers face many factors that contribute to injuries and illnesses. Many work in environments that involve sick patients who carry transmittable infections and diseases. Additionally, healthcare jobs are often fast-paced, creating a stressful work environment that can contribute to illnesses, such as high blood pressure. Healthcare workers also face the risk of injury from repetitive movements and violence. Some healthcare workers that are especially vulnerable to developing workplace injuries and illnesses include:

  • Medical assistants
  • Hospital orderlies
  • Nurses
  • Certified nursing assistants
  • Nursing home workers
  • Emergency medical technicians
  • Physical therapists

Types of Healthcare Worker Injuries

Healthcare workers can develop many different types of workplace injuries or illnesses. Some common types of healthcare work injury and illnesses include:

  • Repetitive motion injuries: Healthcare workers can sustain injuries from repeated motions that they perform daily, such as lifting patients. Repeated movements that require workers to overexert themselves can lead to musculoskeletal injuries. Healthcare workers who have an especially high risk for developing repetitive motion injuries include orderlies, nursing aides, and assistants.
  • Slip and fall accidents: Slip and fall accidents are incredibly common in the medical industry. Medical facilities require constant cleaning of surfaces to prevent the spread of infections, and hospital cleaning staff need to keep areas sanitary. Slip and fall accidents often result from wet floors from cleaning products. Additionally, areas may be slick from improperly cleaned spills.
  • Violence: Tragically, registered nurses are three times more likely to experience workplace violence than other workers. Healthcare workers are at high risk of being attacked in the workplace because of their patients. Healthcare workers often interact with injured criminals as well as patients with psychiatric disorders. Patients who are under the influence of drugs can also be hazardous to healthcare workers. Additionally, patients’ friends and family members can harm healthcare workers. Workplace violence can cause both physical harm and emotional harm to healthcare professionals.
  • Lacerations and punctures: Healthcare facilities are full of sharp tools that are used to treat and inject patients. A puncture wound from a needle can also cause serious harm to healthcare workers. Medical professionals can contract bloodborne diseases, infections, and illnesses from sick patients.
  • Sprains and strains: Healthcare workers often suffer from strains and sprains because they have to perform physically exerting activities, including moving patients. They can develop chronic muscle strains from repetitive movements, and they can suffer from acute strains from overexerting their muscles on the job.
  • Back injuries: Many different healthcare workers have to lift patients or heavy objects on a daily basis. Repetitive lifting can lead to back muscle strains and herniated discs. Additionally, healthcare workers can suffer from spinal cord damage if they experience a slip and fall.
  • Workplace illnesses: Healthcare workers are frequently exposed to a variety of contagious illnesses from patients. Contracting an infection, virus, or disease may require extensive medical treatment.

Workers’ Compensation for Healthcare Workers

If you suffer from a workplace injury or illness, you should qualify for workers’ compensation. Workers’ compensation awards you benefits to reimburse you for medical bills and rehabilitation associated with your workplace injury or illness. Additionally, workers’ compensation pays for ⅔ of your wages if you’re unable to work because of your condition. Workers’ compensation is a no-fault system, so you are not required to prove that someone else was at fault in order to receive benefits, and you’re still entitled to benefits even if you were partially or fully responsible for your injuries or illness.

Healthcare workers often suffer from injuries or illnesses due to another person’s negligence, but it’s important to note that you cannot sue your employer for a workplace injury or illness, meaning you cannot receive damages beyond workers’ compensation if your hospital or facility was at fault. If another employee or a patient was at fault for your injury or illness, you can file a personal injury claim against them.

Contact a Mississippi Workers’ Compensation Attorney

Although receiving workers’ compensation benefits after developing a workplace injury or illness should be an easy process, employers and their insurance companies often make it challenging. Insurance companies may argue that your workplace injury or illness isn’t serious, or they may try to argue that you developed your condition away from work.

If you’re an injured or ill healthcare worker struggling to receive the workers’ compensation you deserve, contact Lunsford, Baskin, and Priebe, PLLC. We’ve helped numerous Mississippi residents prove their workers’ compensation claims, and we’ll help you maximize the amount you’ll receive.

Call our Jackson office today at 601-983-2667, or you can schedule a free case evaluation here.

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Here’s What You Need to Know About Shipyard Injuries in Mississippi https://www.lunsfordbaskin.com/heres-what-you-need-to-know-about-shipyard-injuries-in-mississippi/ Tue, 29 Mar 2022 17:40:27 +0000 https://www.lunsfordbaskin.com/?p=2915 Read More »]]> Let’s face it, the law can get complicated, especially when you are trying to receive compensation for injuries you sustained while performing work duties. Unfortunately, it is not uncommon for companies to do their best to avoid taking responsibility for these injuries so that they don’t have to pay for your medical treatment and lost wages. It’s critical to remember that as an injured worker you have rights. Don’t try to understand the law on your own, let an experienced attorney help you receive compensation for your shipyard injuries in Mississippi so you can focus on getting better.

In this blog, we’ll cover what you need to know about shipyard injuries in Mississippi, and some important things to keep in mind when pursuing a claim.

Hazardous Conditions Shipyard Workers Face

Shipyard work is not a safe job. it is a dangerous environment where serious accidents can take place and cause permanent harm or even death. There are a number of hazards workers may face on a daily basis including:

  • Exposure to benzene and other toxic chemicals
  • Inhalation of asbestos dust and fibers from asbestos insulation products
  • Slip and falls
  • Electrical accidents
  • Fires and explosions
  • Forklift accidents
  • Heavy machinery injuries
  • Equipment collapses
  • Ladder accidents
  • Winch accidents
  • Crane accidents
  • Rigging accidents

Many of these accidents can lead to such severe injuries that a person may never be able to return to work. Even if the injury sustained is not permanent, it will likely require a long recovery time.

The Most Common Shipyard Accidents

Many shipyard accidents take place as maintenance is being performed on sea vessels. These duties are extremely dangerous for workers, and companies are expected to take the necessary precautions to ensure their employees’ safety, but they commonly do not. However, even when all workers take the proper safety precautions, accidents still happen. Some common reasons for these accidents include:

  • Coworkers’ mistakes
  • Exposure to hazardous materials
  • Heat, fires, and explosions
  • Mechanical failures
  • Slip and falls

Keep in mind, these benefits are available on a no-fault basis, meaning you will likely be eligible for compensation even if your mistake caused the accident which led to your injury.

The Most Common Injuries in Shipyard Accidents in Mississippi

As previously stated, shipyard accidents can lead to all kinds of serious injuries. You will need to seek immediate medical attention after sustaining a shipyard injury even if your employer tries to encourage you not to, or to see a company doctor instead. Don’t forget you have the right to choose any doctor you want for medical attention and are not required to see a doctor your employer suggests. Some of the most common shipyard injuries include:

  • Broken and dislocated bones
  • Burns
  • Concussions and other traumatic brain injuries (TBI)
  • Crushing injuries
  • Hypothermia
  • Hypoxia (oxygen deprivation)
  • Inhalation and exposure injuries
  • Neck and back injuries
  • Overexertion injuries
  • Repetitive stress injuries
  • Sprains, strains, and tears

Following medical attention, you should speak with an attorney as soon as possible after sustaining a shipyard injury. The steps you need to take will differ based on your specific case, as will the type of benefits you are eligible for, so don’t make a mistake that could potentially jeopardize your recovery.

Contact a Mississippi Shipyard Accident Lawyer Today

As an injured worker, you have a right to claim workers’ compensation benefits, but standing up to a denial on your own can be challenging. In our law firm, our dedicated legal team has years of experience practicing exclusively in the area of workers’ compensation law. We are prepared to take on any case and handle the task of ensuring your benefits are promptly and fully paid. This includes helping you with claim denials and appeals if necessary.

For a free consultation with an experienced personal injury lawyer in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

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