At some point in your workers compensation case, we will send a letter telling you to search for and apply for jobs. This is usually when a doctor returns you to work with restrictions or without restrictions. Often, clients will ask “why do I have to search for jobs when I am in pain?” We understand you are in pain, but there is a bigger picture here that will be explained.
Once we get to a Mississippi Workers Compensation hearing with the judge, we must prove that you are permanently disabled. We need to prove if you can do the work you used to do or not because of your injury and restrictions assigned by a physician.
If your employer terminated you, we have the automatic presumption that you have “loss of wage-earning capacity.” If you were not terminated, we need to be able to prove to the judge that you have less of a chance of finding a job due to your injury and restrictions. Pain and suffering are not considered under workers’ compensation laws/rules. We cannot get money in a settlement or court order for your loss of wage-earning capacity if we do not prove that you cannot do what you used to do for work.
The way to prove this is to (1) even if terminated, apply with the employer where you were injured and apply with other places (2) if not terminated, ask your employer to return to work and make sure they know if you have restrictions. If given a position to work that is within the restrictions your doctor has given, go back to work. (3) keep applying to places of employment even if you are still working for the employer where you were injured or even for a new employer. You can apply anywhere. It does not have to be in the same field of work you are used to. It is better if you also apply to all kinds of places, even minimum wage jobs.
You do not have to take a job if offered, but we do ask that you document on the forms we send that say if you were offered the position and if you turned it down so we can be completely honest with the judge when filing your job searches.
If you follow our advice, there will be a higher chance for an award at trial and/or in a settlement agreement.
If you or a loved one are hurt at work in Mississippi, and you have questions regarding your rights, please call or text Chhabra & Gibbs, P.A., at (601)-948-8005 or contact us through our live chat on our website. We have a team of personal injury lawyers and support staff that are ready to investigate your workers’ compensation claim and fight for your rights. We would love to speak with you and answer any questions you may have about whether your employer is required to provide workers’ compensation coverage in Mississippi. There is no fee to discuss your case with you.