Quick Guide to MS workers’ Compensation Laws
Workers’ Compensation Insurance: Mississippi
The majority of Mississippi workers’ compensation laws are located in Title 71, Chapter 3 of the state’s annotated code. The laws can be found under the state’s judiciary and with the outside LexisNexis® resource.
The majority of information in this article will regard Mississippi workers’ compensation laws as well as information from the following article under the Mississippi Workers’ Compensation Commission.
Who is Covered under Workers’ Compensation Insurance in Mississippi?
The majority of Mississippians are covered under MS workers’ compensation laws, but like other states, there are a number of exceptions. These exceptions under Mississippi workers’ compensation laws are listed below:
• Employers with 4 or less employees are exempt from providing workers’ compensation insurance in Mississippi, but these employers may provide the insurance voluntarily
• domestic and farm laborers
• employees part of non-profit fraternal, charitable, religious, or cultural organizations unless voluntarily provided by the organizations
• federal and maritime employees who are covered through federal compensation laws
• employees who claim themselves as independent contractors
Claiming Workers’ Compensation Insurance in Mississippi after Accident
If a worker is covered under Mississippi workers’ compensation laws and is injured within the workplace, they need to immediately notify their employer, and no claims can be made for an injury that was reported more than 30 days after the accident.
If an employer fails to make an appropriate claim and the employee doesn’t receive payments, the employee has up to two years to file a claim with the Commission according to MS workers’ compensation laws. If the claim is not made within two years, the Commission cannot provide coverage because of Mississippi workers’ compensation laws and statutes of limitations.
If a false claim is attempted, an employee can face serious penalties under state law and MS workers’ compensation laws. If an employee provides a false or misleading statement or representation in order to receive workers’ compensation insurance in Mississippi, the worker can be convicted of a felony, receive a fine up to $5,000, and/or be imprisoned up to three years.
What Benefits are Available Set by MS Workers’ Compensation Laws?
An injured worker is entitled to two different kinds of benefits under workers’ compensation insurance in Mississippi: medical benefits and wage loss benefits. These types benefits under MS workers’ compensation laws are explained below:
1. Medical Benefits- the worker is fully covered for ALL medical expenses related to the work injury under Mississippi workers’ compensation laws. These benefits are not limited to the compensation for services listed below under MS workers’ compensation laws:
• doctor and hospital services
• nursing services
• physical therapy
• medical equipment
• travel mileage to and from medical facilities
2. Wage Benefits- According to Mississippi workers’ compensation laws, a worker is entitled up to two-thirds of their weekly wages for the amount of time they are covered. If a doctor determines the worker has a permanent disability that will impede their level of work in the future, permanent disability will compensate for the difference in wages as allowed by MS workers’ compensation laws. Wage benefits must be paid to the employee every 14 days by the employee.