The worst mistake is assuming workers' comp is the only claim and letting Mississippi's 3-year lawsuit deadline run out.

If your brother was hurt while working, he usually cannot sue his employer directly. Mississippi's workers' comp system is normally the employer's exclusive remedy. That means the employer will raise the exclusive remedy defense if he tries to file a regular injury lawsuit against them.

But that does not always end it.

If somebody other than the employer or a co-worker caused the injury, he may have a third-party claim at the same time as a workers' comp claim. That dual-track setup is common in Jackson work-trip injuries.

Examples:

• A tourist or out-of-town driver hits him on I-55, I-20, or Highway 49
• A hotel or rental property has a deck railing collapse
• A faulty heater or generator causes carbon monoxide poisoning
• A tire blows from summer heat and a manufacturer, shop, or maintenance company may be at fault

Here is what to do fast: report the injury to the employer, open the workers' comp claim, and separately identify every non-employer company or person involved. Get the crash report from the Jackson Police Department or Mississippi Highway Patrol if it was a road wreck. Keep the hotel name, room number, photos, witness names, receipts, and any incident report.

Workers' comp can help with medical care and part of lost wages. A third-party case can seek things workers' comp does not pay well, like pain and suffering. Mississippi has no cap on non-economic damages in most personal injury or auto cases.

For workers' comp, the claim is handled through the Mississippi Workers' Compensation Commission. For the third-party lawsuit, the big deadline is usually 3 years from the injury date. If he misses that while waiting on comp, that outside claim can be gone.