How Long Does It Usually Take to Get Workers’ Compensation?

In Mississippi, injured employees are encouraged to notify employers within 30 days of the injury. The more prompt the notification, the faster the claims process can be completed. Once the claim has been submitted to the insurance company, the timeline should move quickly.

There are times when this doesn’t happen. Delays or investigations may cause disruptions in the delivery of benefits. Most workers’ compensation claims are resolved without issue. However, some are more challenging and require the worker to obtain legal representation.

We’ve outlined the steps in the workers’ compensation claims process and how long it generally takes to receive benefits below. If you suspect your claim is taking too long or there is some other issue, we recommend you reach out to an experienced attorney. The team at Merkel & Cocke, P.A., offers free consultations to explain your legal options. Contact us today to request yours.

Steps in filing a workers’ compensation claim:

After someone is injured at work, here’s what they should do immediately:

Alert the employer

Immediately following an injury, the employee should notify their employer. Under Mississippi law, they have 30 days to do so; however, the sooner the employer is notified, the better.

Seek medical care

Seeking medical care may or may not come before someone alerts an employer. Immediate care to assess the injury and get a treatment plan is essential. Some employers do send employees for additional medical evaluations.

Injured employees must complete all diagnostic testing and follow treatment plans when filing a workers’ compensation claim.

File the claim

Employers must report the injury to the Mississippi Workers’ Compensation Commission within 10 days after knowledge of the injury if it results in lost time beyond the day of injury or requires medical treatment. They are required to notify the commission of all injuries that result in leave or medical treatment.

Employers will also file the claim with the workers’ compensation insurance. The insurance then starts the claim evaluation process.

What happens when the claim is evaluated?

Once the claim is with the insurance company, they start the evaluation process. It includes:

An investigation

The insurance company conducts an investigation. This includes reviewing medical documents and interviewing the injured and any witnesses. The investigation is to gather evidence related to the claim and injury.

The employer may also conduct their own investigation. Each company is different. If someone hires an attorney to help with the workers’ compensation process, the law firm will also conduct an investigation.

A decision

The insurance company will review all evidence and either deny or approve the claim. If the claim is accepted and there are no disputes, benefits may begin within a few weeks, but delays can occur depending on the investigation and claim complexity. If it is denied, the injured person doesn’t receive benefits.

The worker can either accept or appeal the decision. Some people may choose to secure a workers’ compensation attorney at this stage.

When will I receive my benefits?

Whether someone receives their workers’ comp benefits depends on how long the above steps take. Once a claim is approved, the funds are distributed and medical bills paid. This typically takes a couple of weeks. The compensation for lost wages may take longer than the medical bills. This is because the calculation requires input from several people.

In Mississippi, wage-loss benefits generally must begin within 14 days after the employer has notice of the injury and resulting disability. Mississippi has a 5-day waiting period. Wage benefits begin after five days of disability. If the disability lasts 14 days or more, benefits should be paid retroactively to the first day of disability.

If a claim is denied, the timeline is longer. If someone decides to file an appeal or hire an attorney for a denial, the process could extend for years, depending on the complexity. If you’re curious about workers’ compensation laws and your specific case, we encourage you to reach out to request a free consultation with us.

Workers’ compensation FAQs

A lot of people tend to have the same questions about workers’ compensation claims. We’ve answered the most popular of them below:

Do I need a workers’ compensation attorney?

You may or may not, depending on the case specifics. If you’ve filed a workers’ compensation claim and are curious if an attorney can help, we encourage you to reach out to an experienced law firm. They can understand your specific situation and offer legal recommendations.

What if my claim is denied?

There are many reasons a claim may be denied. These reasons could be valid, or they could be a way the company is trying to get out of paying. There is an appeals process for workers’ compensation claims.

If your workers’ compensation claim was denied and you don’t think it should have been, an attorney may be able to help. We recommend you reach out to one, like those at Merkel & Cocke, P.A., to understand your legal options.

Will I be denied if it was my fault?

In Mississippi, there is a no-fault workers’ compensation system. This means that even if someone makes a careless mistake that results in an injury, they can still collect workers’ compensation benefits.

How can a lawyer help me?

An attorney helps clients by:

• Managing the case
• Gathering documentation and evidence
• Advocating for them
• Pushing back when insurers make lowball offers
• Negotiating with insurance companies to reach a fair settlement
• Litigating the case in court if necessary
• Providing legal knowledge and support

An experienced attorney has worked with workers’ compensation claims before. They know the ins and outs, expectations, and processes. This insight can be invaluable to clients, helping to relieve stress.  If you call us right away to discuss a lowball offer, we can help you effectively push back.

Contact Merkel & Cocke, P.A., today for a free consultation

People dealing with a workplace injury shouldn’t have to deal with workers’ compensation challenges. At Merkel & Cocke, P.A., we are well-versed in workers’ compensation laws. We provide compassionate, knowledgeable legal support to clients through difficult times. Contact us today through this form to request your free consultation. We’ll hear the details of your situation and provide legal options.