Mississippi Workers' Compensation Laws

Maybe you broke your toe replacing the water cooler in your Jackson office, or you think your lingering illness is from hazardous chemicals at your Gulfport worksite. With so much time spent at your 9-to-5, there is ample opportunity for workplace injury and illness in the Magnolia State. That's why Mississippi requires all employers with at least five employees to purchase workers' compensation insurance. This covers employment-related injuries and illnesses regardless of fault, but can also prohibit you from filing a lawsuit against your employer for additional damages.

If you've suffered a work-related injury or illness in Mississippi, learn about the benefits and requirements for pursuing a workers' compensation claim. The table below shows key aspects of Mississippi's workers' compensation laws, including the types of benefits available and important deadlines.

Important Deadlines
  • 30 days to give notice of work-related injury to employer (Sec. 71-3-35);
  • Employee has 2 years to file claim (Sec. 71-3-35)
Some Types of Benefits
  • Medical care: reasonable and necessary medical services and equipment; employee may choose medical provider (Sec. 71-3-15)
  • Temporary partial disability: compensation for decrease in earning capacity while temporarily and partially disabled (usually two-thirds of average weekly wage for maximum 450 weeks) (Sec. 71-3-21)
  • Permanent partial disability: payments to compensate you if you're able to return to work but earn less due to the injury (Sec. 71-3-17)
  • Permanent total disability: to compensate if you're unable to return to any job due to injury (usually two-thirds of average weekly wage for maximum 450 weeks) (Sec. 71-3-17)
  • Death benefits: payments to your surviving spouse and certain dependents, plus up to $5,000 in funeral expenses if you die from a work-related injury or illness (Sec. 71-3-25)
Employer Obligations
  • Employers with 5 or more employees required to provide workers' compensation to all employees, with limited exceptions (Sec. 71-3-5, 71-3-3);
  • Employer must file report with Mississippi Workers' Compensation Commission within 10 days of employee missing 5 days of work (Sec. 71-3-67)

Who and What is Covered by Workers' Compensation?

Most working Mississippians are covered by workers' comp, but there are exceptions, including domestic workers and independent contractors. Additionally, any injury or illness is covered as long as it arises out of the course and scope of employment, even if it doesn't occur on your employer's property.

What Should I Do If I've Been Injured?

If you're injured or sick, you should seek medical attention, tell the provider your ailment is work-related, and notify your supervisor right away. You should give notice of your injury to your employer within 30 days to receive maximum benefits, and all claims must be filed within two years. The amount of your payments will vary based on the type of injury you suffered, but usually equals two-thirds your average weekly wage, subject to weekly and lifetime maximums.

What If My Claim Is Denied?

If there is a problem with your claim, you can first try to resolve the issue directly with your employer or insurance company, and then with the Mississippi Workers' Compensation Commission. If the commission denies your claim, you may contact an attorney who can help you prepare and file an appeal in the circuit court of your county within the 30-day time limit.

Injured and Feeling Lost? Receive a Free Claim Review

Workers' compensation claims are fraught with strict requirements and tight deadlines, but can be necessary for the recovery process after a work-related injury. Learn more about these requirements and the strength of your claim by obtaining a free claim evaluation from an experienced attorney who is familiar with Mississippi workers' compensation laws.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.