Do ‘Days Missing From Work’ Matter in My Mississippi Workers’ Compensation Case? We Get to the Bottom of the ‘5-Day Rule’ Here

There is no doubt that when a Mississippi worker is injured on the job and is prevented from working their regular job due to their workplace injury, it can be a scary and unpredictable time. Indeed, for many injured Mississippi workers, just treating a serious workplace injury – such as a burn, a broken bone, a laceration, or an injury caused by a toxic exposure – can seem like a full-time job on its own. Coupled with the regular activities of daily life, taking care of pets and the kids, and trying to keep one’s head above water as bills mount and income stops flowing in, a workplace injury can seriously derail an injured worker’s life and make them feel helpless. Fortunately, most injured workers in Mississippi are entitled to important workers’ compensation benefits to help them get back on their feet after a serious workplace injury. But do Mississippi workers’ compensation benefits cover every day that an injured worker misses work? To help injured Mississippi workers better understand how days missed from work, well, work in a Mississippi workers’ compensation case, we answer that question here.

The ‘5-Day Rule’ in Mississippi Workers’ Compensation Cases

At the outset, it is important for Mississippi workers who are seeking Mississippi workers’ compensation benefits to know that medical workers’ compensation benefits are paid no matter how many days an injured worker misses from work as a result of their workplace injury. However, according to the Mississippi Workers’ Compensation Commission, “If the injured worker 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 [sic] 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 [sic] 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.” Accordingly, although medical benefits are paid for all days worked, an injured worker is only entitled to wage loss compensation for all days missed from work if they miss at least 14 days of work due to their workplace injury under Louisiana workers’ compensation laws. If they miss fewer than 14 days due to their workplace injury, then they are only entitled to wage loss compensation for the days they missed in excess of 5 days.

If you were injured in a workplace accident and you need legal help in Mississippi, contact the experienced Mississippi workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe, PLLC. The experienced Mississippi workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe, PLLC are here to help Mississippi workers get compensation due to them under Mississippi workers’ compensation laws. Contact Lunsford Baskin & Priebe, PLLC today and speak to a lawyer about your case now.