Benefits For All Missed Days? The 5-Day Waiting Rule In Mississippi Workers’ Compensation Cases

Experiencing a workplace injury is a challenge. On top of being injured and hurt, workers who have been injured on the job are often unable to work, compounding the underlying injury with the financial stress. Fortunately, in Mississippi, most workers who have been injured on the job are entitled to workers’ compensation benefits, including wage replacement benefits and medical benefits, among other helpful benefits such as medical treatment and rehabilitation. When an injured worker applies for workers’ compensation benefits in Mississippi, one of the first things they may wonder is how many days of their workplace injury will be covered. Under Mississippi workers’ compensation laws, the number of days of missed work is determinative when it comes to wage loss payments. It is helpful for Mississippi workers to know the basics of the missed day rules when seeking workers’ compensation benefits.

Mississippi Workers’ Compensation Medical Benefits and Missed Days of Work

The good news is that the workers’ compensation laws when it comes to entitlement to medical benefits for injured Mississippi workers is fairly straightforward: Mississippi workers are entitled to medical benefits for an on-the-job injury regardless of the number of days that they miss work due to the injury. This means that Mississippi workers are entitled to benefits for the workplace injury for all days, and there is no “waiting period” to get paid medical benefits under Mississippi workers’ compensation laws.

Mississippi Workers’ Compensation Wage Loss Payments and Missed Days of Work

The laws regarding wage loss payments in Mississippi workers’ compensation cases are a little more difficult than for medical benefits payments. Under Mississippi workers’ compensation laws, “[n]o compensation except medical benefits shall be allowed for the first five (5) days of the disability. In case the injury results in disability of fourteen (14) days or more, the compensation shall be allowed from the date of disability.” The Mississippi Workers’ Compensation Commission further elaborates that “[i]f the injured workers suffers fewer than 14 days of disability (days on which the worker is unable due to injury to earn his regular wage) as the result of a job related injury, wage loss payments are not made for the first 5 days. Payment will be made only for the number of days of disability in excess of 5. This is known as the 5-day waiting period. If the worker suffers 14 or more days of disability, then wage loss payments are made for the total period of disability, including the first 5 days.” Simply put, wage loss payments do not kick in until after 5 days of missed work. However, if an injured worker missed 14 days of work or more due to a workplace injury, the first 5 days of missed work will also be covered.

Help with Your Mississippi Workers’ Compensation Case

If you have been injured on the job and you need help obtaining workers’ compensation benefits in Mississippi, the experienced Mississippi workers’ compensation lawyers at Lunsford Baskin & Priebe are here to help. The lawyers at Lunsford Baskin & Priebe offer a confidential consultation to learn about your workplace injury and to see if they can help you in your workers’ compensation case. Contact Lunsford Baskin & Priebe today and speak to a lawyer about your rights and options when it comes to workers’ compensation benefits in Mississippi.

Source:

mwcc.ms.gov/pdf/WCFacts2013.pdf