Social Security Disability And Workers' Compensation Disability

People usually think of Social Security in terms of retirement income, but Social Security Disability is insurance designed to fill in the financial gap if you become totally disabled. Although this insurance is available, the agency does not just give it away; you need to prove that you are disabled and unable to work, which is not an easy task.

With more than 40 years of experience as an attorney in the Tupelo, Mississippi, area, I can work with you in the Social Security Disability process to help you get the money you need when you are unable to continue working. Contact me, attorney Gene Barton, online or call 662-260-6646 to schedule a free initial consultation.

Qualifying For Social Security Disability

Social Security is like insurance in case you are unable to work because of total disability. Many injuries and conditions could qualify you for this benefit:

  • A heart condition
  • Cancer
  • A sudden automobile accident or other personal injury that renders you unable to sit at your desk all day because of unmanageable back pain
  • Psychiatric conditions like schizophrenia, bipolar disorder and depression
  • Back and neck conditions
  • Fibromyalgia
  • Arthritis
  • Diabetes
  • Any significant medical condition that would prevent you from working for at least one year

While many conditions could qualify you, the most important thing to qualify for Social Security Disability Insurance is proving that you are no longer able to work. As your attorney, I can help with the paperwork, doctors' signatures and other documentation to prove your inability to work. If you have been denied Social Security Disability Insurance benefits, I can help you appeal and get you the compensation you need to recover from your injuries.

If I don't get you on disability, there is no legal fee.

Social Security For Children

Normally if a parent is determined to be disabled, minor children under 18 may draw a separate check. Frequently, clients do not realize it, but children may, depending on the circumstances, be able to draw a disability check as a result of a serious condition such as severe attention deficit hyperactivity disorder (ADHD), Down syndrome and others.

Mississippi Workers' Compensation Attorney

When an employee is injured at work, the company is often responsible for compensating the employee, especially when the injury involves:

  • Lung disease
  • Back or neck injuries
  • Faulty equipment causing lost limbs
  • Broken ladders causing broken bones
  • Chemical spills causing blindness, cancer, burns and other injuries
  • Repetitive injuries like carpal tunnel syndrome
  • Any type of injury suffered on the job

If you have been hurt on the job, you can bet that the company and its insurance provider are not excited about paying you. As your lawyer, I will fight the system like a bulldog to get you the compensation you deserve.

Workers' compensation practice has become more difficult in Mississippi as pro-business forces have weakened laws meant to protect workers. Workers give up their right to sue for damages in exchange for a no-fault type of insurance if they are injured on the job.

The benefits are based upon the wage earning loss of the employee.

Under § 71-3-15, Mississippi Code of 1972, Annotated, as amended, the employer is required to furnish "such medical, surgical, and other attendance or treatment, nurse and hospital service, medicine, crutches, artificial members, and other apparatus for such period as the nature of the injury or the process of recovery may require. The injured employee shall have the right to accept the services furnished by the employer or, in his discretion, to select one (1) competent physician of his choosing and such other specialists to whom he is referred by his chosen physician to administer medical treatment. Referrals by the chosen physician shall be limited to one (1) physician within a specialty or subspecialty area."

Under § 73-3-17(a), Mississippi Code of 1972, Annotated, as amended, provisions are made for permanent total disability: "In case of total disability adjudged to be permanent, sixty-six and two-thirds percent (66-2/3%) of the average weekly wages of the injured employee, subject to the maximum limitations as to weekly benefits as set up in this chapter, shall be paid to the employee not to exceed our hundred fifty (450) weeks or an amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two (2) thereof shall constitute permanent total disability. In all other cases, permanent total disability shall be determined in accordance with the facts." Under § 73-3-17(b), Mississippi Code of 1972, Annotated, as amended, provision is made for temporary total disability: "In case of disability, total in character but temporary in quality, sixty-six and two-thirds percent (66-2/3%) of the average weekly wages of the injured employee, subject to the maximum limitations as to weekly benefits as set up in this chapter, shall be paid to the employee during the continuance of such disability not to exceed four hundred fifty (450) weeks or an amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state. Provided, however, if there arises a conflict in medical opinions of whether or not the claimant has reached maximum medical recovery and the claimant's benefits have been terminated by the carrier, then the claimant may demand an immediate hearing before the commissioner upon five (5) days' notice to the carrier for a determination by the commission of whether or not in fact the claimant has reached maximum recovery."

Under § 73-3-17(c), Mississippi Code of 1972, Annotated, as amended, provision is made for permanent partial disability: "In case of disability partial in character but permanent in quality, the compensation shall be sixty-six and two-thirds percent (66-2/3%) of the average weekly wages of the injured employee, subject to the maximum limitations as to weekly benefits as set up in this chapter, which shall be paid following compensation for temporary total disability paid in accordance with paragraph (b) of this section, and shall be paid to the employee as follows:

Member Lost Number Weeks Compensation

  • (1) Arm 200
  • (2) Leg 175
  • (3) Hand 150
  • (4) Foot 125
  • (5) Eye 100
  • (6) Thumb 60
  • (7) First finger 38
  • (8) Great toe 30
  • (9) Second finger 30
  • (10) Third finger 20
  • (11) Toe other than great toe 10
  • (12) Fourth finger 15
  • (13) Testicle, one 50
  • (14) Testicle, both 150
  • (15) Breast, female, one 50
  • (16) Breast, female, both 150
  • (17) Loss of hearing: Compensation for loss of hearing of one (1) ear, forty (40) weeks. Compensation for loss of hearing of both ears, one hundred fifty (150) weeks,
  • (18) Phalanges: Compensation for loss of more than one (1) phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the first phalange shall be one-half (1/2) of the compensation for loss of the entire
  • (19) Amputated arm or leg: Compensation for an arm or leg, if amputated at or above wrist or ankle, shall be for the loss of the arm or leg.
  • (20) Binocular vision or percent of vision: Compensation for loss of binocular vision or for eighty percent (80%) or more of the vision of an eye shall be the same as for loss of the eye.
  • (21) Two (2) or more digits: Compensation for loss of two (2) or more digits, or one (1) or more phalanges of two (2) or more digits, of a hand or foot may be proportioned to the loss of the use of the hand or foot occasioned thereby, but shall not exceed the compensation for loss of a hand or foot.
  • (22) Total loss of use: Compensation for permanent total loss of use of a member shall be the same as for loss of the member.
  • (23) Partial loss or partial loss of use: Compensation for permanent partial loss or loss of use of a member may be for proportionate loss or loss of use of the member.
  • (24) Disfigurement: The commission, in its discretion, is authorized to award proper and equitable compensation for serious facial or head disfigurements not to exceed Five Thousand Dollars ($ 5,000.00). No such award shall be made until a lapse of one (1) year from the date of the injury resulting in such disfigurement.
  • (25) Other cases: In all other cases in this class of disability, the compensation shall be sixty-six and two-thirds percent (66- 2/3%) of the difference between his average weekly wages, subject to the maximum limitations as to weekly benefits as set up in this chapter, and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such partial disability, but subject to reconsideration of the degree of such impairment by the commission on its own motion or upon application of any party in interest. Such payments shall in no case be made for a longer period than four hundred fifty (450) weeks.
  • (26) In any case in which there shall be a loss of, or loss of use of, more than one (1) member or parts of more than one (1) member set forth in subparagraphs (1) through (23) of this paragraph (c), not amounting to permanent total disability, the award of compensation shall be for the loss of, or loss of use of, each such member or parts thereof, which awards shall run consecutively, except that where the injury affects only two (2) or more digits of the same hand or foot, subparagraph (21) of this paragraph (c) shall apply."

What is unusual about Mississippi workers' compensation Law is that an injury to the arm is classified as entitlement to so many weeks of compensation regardless of the effect on wage earning loss capacity. Furthermore, provisions are made under § 71-3-13 Mississippi Code of 1972, Annotated, as amended, "The total recovery of compensation hereunder, exclusive of medical payments under Section 71-3-15, arising from the injury to an employee or the death of an employee, or any combination of such injury or death, shall not exceed the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state."

It is important that you seek legal counsel as soon as you realize you have been injured on the job, especially if you have a serious injury or a back injury. You should be warned that your employer will attempt to send you to its physician, known as "the company doctor," and all efforts should be made to find a doctor who is not affiliated with the insurance company or the company and choose that doctor as your physician.

It is also important that you contact an attorney and notify your supervisor as soon as possible after you are injured. There are deadlines for filing your workers' compensation case, and if you miss them, you lose your case.

No legal fee is owed unless I get you a settlement or award.

I suggest that with any serious injury or death that you hire an injury attorney immediately. Do not sign documents that have not been reviewed by an attorney. The company doctor may be more interested in the company than you.

Compassion, Empathy And Tenacity

I know you are not trying to take advantage of the system. Most of my clients in this area of law have been seriously injured or are unable to work because of a debilitating medical condition. I will handle your case with empathy and understanding and with tenacity regarding your Social Security benefits.

Please see our Social Security Disability Questionnaire.

See other forms and laws on Social Security Disability and workers' compensation.

Contact Me If You Are Suffering From A Disability Or Workplace Injury

Contact me online for a free initial consultation. I am a bulldog who truly cares about my clients and achieving the best results. I will not give up.