Workers Compensation Laws in Mississippi

Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, and any retraining necessary to restore them to the workforce.

If workers are killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.

Workers Compensation is Compulsory in Mississippi

Mississippi's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Employers with fewer than five employees are exempt from the state's worker's compensation act. Agricultural employers may secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. Employers may provide voluntary worker's compensation coverage for domestic servants.

Physician Choice and Medical Benefits in Mississippi

Employees are allowed to make the initial choice of physician and full benefits are provided with no time or monetary limits.

Disability Benefits Provided in Mississippi

Temporary total disability payments are a percentage of the worker's wage and continue for up to 450 weeks, subject to a cap on total benefits.

Permanent total disability payments are calculated as a percentage of the worker's wage subject to a cap on total compensation, and can continue for up to 450 weeks.

Permanent partial disability benefits are allotted based on a percentage of the worker's wage subject to a cap on total benefits, and may continue for up to 450 weeks.

Any court-stipulated awards are paid at the end of the disability benefits, and are not reduced by the receipt of the disability benefits.

Death Benefits Provided in Mississippi

An employee's surviving spouse, or spouse and children may collect death benefits, based upon a percentage of the employee's wages and subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is also available.

Limits on Attorney Fees

Mississippi workers compensation laws stipulate that attorney fees for claimants are limited to 25% for matters resolved before the commission, and one third for cases resolved in court.