Mississippi Workers' Compensation: Fast Facts
Coverage Requirements Under Mississippi State Law
Most Mississippi businesses with at least five employees must have workers' compensation insurance. However, there are always some exceptions ― see our list of automatically exempt employees from this coverage below.
Work-Related Injury or Illness Reporting Requirements
Notify your employer immediately about your work-related illness or injury, preferably in writing, but within 30 days. Once you report it, your employer has 10 days to file a first report of injury form with their insurer.
Where to Seek Medical Care
You can go to any doctor, hospital, ER, or healthcare facility you choose for treatment. If your workers' comp doctor refers you to a specialist, you don't need approval from your employer's insurance carrier. However, the insurance company must approve any additional provider referrals after that first one.
Waiting Period for Lost-Wage Benefits in Mississippi
Your first 5 days off work are always unpaid unless you're out for at least 14 days total due to your incident. On day 15, you'll qualify for lost-wage benefits for your first 5 unpaid days off. If you don't need at least 5 days off work, workers' compensation only pays for medical expenses.
Mississippi Workers' Compensation Statute of Limitations
You have two years from your job injury or illness diagnosis date to file your Mississippi workers' compensation claim.
Mississippi Weekly Compensation Rate
You can receive 66 2/3% of your gross average weekly wage, subject to the state's maximum and minimum benefit amounts.
How Long You Can Receive Mississippi Workers' Comp Benefits
- Medical benefits: unlimited
- Death benefits: $5,000 for funeral and burial expenses plus biweekly TTD payments for no more than 450 weeks
- Temporary Total Disability (TTD): no more than 450 weeks or until you return to work
- Permanent Partial Disability (PPD): no more than 450 weeks
- Temporary Partial Disability (TPD): no more than 450 weeks
- Permanent Total Disability (PTD): no more than 450 weeks
Mississippi Workers' Comp Coverage Exemptions
The following employees are automatically exempt from Mississippi workers' comp coverage:
- Charitable, cultural, or religious organization employees
- Domestic workers
- Farm laborers
- Federal employees, including maritime and railroad workers
- Independent contractors
- Non-profit employees
Mississippi Workers' Compensation Attorney Fees
All Mississippi workers' compensation attorneys work on contingency. This means you only pay legal fees for a successful claim. If you don't win, then you pay your workers' comp attorney $0. Mississippi law limits legal fees to no more than 25% of your workers' compensation award. However, if your case goes to court, it's possible you'll pay as much as 33 1/3% in legal fees.