• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Law Call - Reeves & Mestayer

Reeves & Mestayer | Personal Injury Attorneys in Biloxi

Biloxi Attorneys

  • Home
  • About
    • Legal Links
  • Attorney Profiles
    • Jim Reeves
    • Matthew G. Mestayer
    • Mark Lumpkin (of Counsel)
  • Practice Areas
    • Termite Litigation Lawyers
    • Personal Injury Lawyers in Biloxi
      • Pascagoula Personal Injury
      • Motor Vehicle Accidents
        • Truck Accidents
        • Motorcycle Accidents
          • Gulfport Motorcycle Accident
          • Pascagoula Motorcycle Accidents
        • Drunk Driving Accidents
      • Pedestrian Injuries
      • Bicycle Accidents
      • Amputation Injuries
      • Burn Injuries
    • Cases On Behalf Of Injured Veterans
    • Wrongful Death
      • Gulfport Wrongful Death
    • Product Liability
      • Zantac Litigation
      • Elmiron Litigation
      • Taxotere Lawsuit Attorneys
      • Valsartan Lawsuit Attorneys
    • Maritime Law and Offshore Injuries
    • Catastrophic Injuries
      • Spinal Cord Injury
      • Traumatic Brain Injury
    • Premises Liability
      • Slip and Fall Accident Claims
      • Negligent Security Claims
    • Workers’ Compensation
      • Construction Accidents
    • Consumer Fraud
      • Corporate Fraud
      • Finance Fraud
    • Bad Faith Insurance
      • Other Insurance Fraud Cases
    • Medical Malpractice
      • Types Of Medical Malpractice
      • Medical Malpractice Damages
    • Whistleblower Claims
    • Nursing Home Abuse
    • Business Interruption Claims
    • Surrounding Areas
      • Gulfport Car Accident
      • Pascagoula Car Accident
      • Pascagoula Pedestrian Accident
  • Results
  • Videos
  • Blog
  • Reviews
    • Reeves & Mestayer – Client Video Testimonials
  • Contact
Free Consultation 1-855-558-2977

We have recovered over
$1 Billion
in compensation for our clients

Aggressive
We are persistent, proactive, and ready to fight for our clients' interests

Ethical
While we are aggressive, we always play by the rules and honesty is the foundation of what we do

Experience
We have extensive courtroom and trial experience putting our clients in the best position for success

Reeves & Mestayer is rated
Highest in Legal Abilities & Ethics
by Martindale-Hubbell

Reeves & Mestayer is listed as
One of the Preeminent Law Firms
in America

Reeves & Mestayer has obtained
Record Verdicts & Settlements
for their clients

BP oil spill class action recovery of
$70 Million
We handled thousands of BP claims throughout the Gulf South and was named by the Court to serve on the Economic and Property Damages Committee in the Multi-District Litigation

Defective product recovery of
$55 Million
After being injured or killed by defective tires, we fought to get 75 passengers and drivers the settlement they deserved

Car accident settlement of
$12 Million
After 5 people were killed in a multi-vehicle collision, their families turned to Reeves & Mestayer for help. We fought to get them the settlement they deserved

State of Mississippi tobacco litigation
$13 Million
Reeves & Mestayer law firm gained this verdict for the State of Mississippi to correct wrongful calculations related to the Mississippi tobacco settlement

Defective Product Settlement of
$1 Billion
We fought for 14,000 plaintiffs and 1,000 defendants hurt by Chinese-manufactured drywall products

November 5, 2019 By Jim Reeves

Workers’ Compensation and FMLA in Mississippi

Workers’ compensation is an insurance program purchased by employers to cover work-related injuries or illnesses their employees sustain. Qualified employees receive “no-fault” coverage for injuries or illnesses that result from their job, in exchange for the implied agreement not to bring a personal injury lawsuit against your employer. Each state oversees its own workers’ comp program, and in Mississippi, it is administered by the Workers’ Compensation Commission.

Most employees in Mississippi are covered by workers’ compensation, with some notable exceptions. Employers with fewer than five employees are not required to carry coverage, and coverage is not required for independent contractors, volunteers, domestic employees, and employees of religious, cultural, charitable, and other non-profit organizations. Workers compensation provides coverage for an employee’s medical expenses, a percentage of their lost wages, and coverage for a permanent disability.

Sick or injured workers in Mississippi may also qualify for time off under the Family Medical Leave Act (FMLA). The FMLA is a federal program that allows eligible employees to take up to 12 weeks of unpaid leave during a 12-month period for a qualifying event. Qualifying events under the FMLA include:

  • The birth of a child and/or to care for a newborn child;
  • Placement of an adopted or foster child with the employee and/or to care for a newly placed child;
  • To care for the spouse, child, or parent of the employee who has a serious health condition;
  • For the employee to deal with a serious health condition of their own that makes them unable to perform their work.

The last event – an employee developing a serious health condition that renders them unable to work – is one that may make them eligible for both workers’ comp and FMLA.

Differences Between Workers’ Compensation and FMLA

Aside from the fact that workers’ comp is a state-administered program and FMLA is a federal law, there are some significant differences between the two programs. Unlike workers’ comp, which provides for medical costs and income replacement for covered employees, leave provided under the FMLA is unpaid. Although an employer can choose to provide paid leave for an event covered by the FMLA, this is not a requirement under the law. So, employees receive no financial reimbursement for the time they miss from work when they use FMLA leave.

There are a couple other key differences between the FMLA and workers’ comp:

  • Employees can take FMLA leave regardless of whether or not the serious health condition for which they are taking leave was work-related;
  • FMLA protects the employee’s job while they are out on leave, and at the end of the leave, the employee must be allowed to return to his/her job or an equivalent.

No such job protection is assured if an employee misses work due to a workers’ comp-related injury. Your employer is not allowed to terminate you because you were injured on the job, or in retaliation for filing a workers’ compensation claim. But this is where the protection ends.  Employees have no assurance that their employer will not lay them off, eliminate their position, or otherwise terminate them while they are out of work due to an on-the-job injury that is covered by workers’ comp.

When FMLA and Workers’ Compensation Overlap

An employee may very well suffer an illness or injury that qualifies as both “work-related” for the purposes of receiving workers’ comp benefits as well as a “serious health condition” for the purposes of taking leave under the FMLA. When this is the case, the two programs can run concurrently. In other words, an employee can receive workers’ compensation benefits and be out on FMLA leave at the same time. Employers are generally allowed to count the time an employee takes off while receiving workers’ comp benefits as FMLA, as long as the employee’s condition qualifies for both programs, and the employer informs the employee in writing that they are using FMLA leave.

Have Further Questions about Workers’ Compensation in Mississippi? Call Reeves and Mestayer Today 

While most Mississippi employers are required to provide workers’ compensation insurance for their employees, filing a claim is a complex and confusing process, and employers often put up unnecessary roadblocks to frustrate eligible employees into giving up. At the Reeves & Mestayer, we are committed to helping workers in Mississippi recover the benefits they are entitled to when they suffer a work-related injury or illness.

Call our office today at 228-374-5151 for a free consultation. You may also send us a message through our online contact form or stop by our office in person at your convenience.

Share this:

Filed Under: Biloxi Attorneys Law Blog

Primary Sidebar

Verdicts & Settlements

$156M
Settlement in a class action lawsuit filed on behalf of pensioners of the Singing River Pension Plan.
$55M
On behalf of 75 passengers and drivers injured or killed in tire defect/rollover cases
$22M
On behalf of seven investors defrauded of their life savings
$12M
On behalf of five people killed in a multi-vehicle collision
$10M
On behalf of children and teachers poisoned by defective spray roofing
$5.5M
Verdict on behalf of a woman who was abducted and raped in a K-Mart parking lot because the store provided no security
$6M
Settlement on behalf of an orthopedic surgeon killed during a scuba diving excursion. Believed to be a record settlement for a dive accident in the Bahamas.
$1M
Verdict on behalf of a women who did not receive timely treatment and died as a result of her injuries.

Archives

  • August 2022 (2)
  • July 2022 (2)
  • June 2022 (2)
  • May 2022 (1)
  • April 2022 (1)
  • March 2022 (2)
  • February 2022 (1)
  • January 2022 (1)
  • December 2021 (3)
  • November 2021 (2)
  • October 2021 (2)
  • August 2021 (1)
  • July 2021 (1)
  • June 2021 (3)
  • May 2021 (1)
  • April 2021 (3)
  • March 2021 (2)
  • January 2021 (1)
  • December 2020 (1)
  • November 2020 (2)
  • October 2020 (1)
  • September 2020 (3)
  • August 2020 (1)
  • July 2020 (3)
  • June 2020 (1)
  • May 2020 (3)
  • April 2020 (1)
  • February 2020 (1)
  • December 2019 (2)
  • November 2019 (1)
  • October 2019 (1)
  • August 2019 (1)
  • July 2019 (1)
  • June 2019 (1)
  • April 2019 (1)
  • March 2019 (1)
  • February 2019 (1)
  • July 2017 (1)
  • June 2017 (1)
  • May 2017 (3)
  • September 2016 (1)
  • June 2016 (2)
  • April 2016 (1)
  • February 2016 (1)
  • January 2016 (2)
  • December 2015 (1)
  • October 2015 (1)
  • September 2015 (1)
  • August 2015 (1)
  • April 2015 (1)
  • March 2015 (10)
  • February 2015 (1)
  • January 2015 (1)
  • December 2014 (4)
  • November 2014 (3)
  • October 2014 (1)
  • March 2014 (8)
  • January 2014 (1)

Blog Categories

  • Biloxi Attorneys Law Blog (34)
  • car accident (13)
  • community (1)
  • Personal Injury (36)
  • product liability (1)
  • Product Recalls (1)
  • real estate (1)
  • workers compensation (3)

Footer

Free Case Evaluation

  • * ~ Required fields
  • This field is for validation purposes and should be left unchanged.

Read the Reeves & Mestayer Blog
Review Us
Reeves & Mestayer

Reeves & Mestayer, PLLC
160 Main St
Biloxi, MS 39530

Toll free: 1-855-558-2977
Phone: 228-374-5151
Fax: 228-374-6630

  • Home
  • About
  • Attorney Profiles
  • Practice Areas
  • Results
  • Videos
  • Blog
  • Reviews
  • Contact

Copyright © 2022 Biloxi Personal Injury Lawyers Reeves & Mestayer & Too Darn Loud Marketing · All Rights Reserved