Mississippi Workers’ Compensation Benefits: Your Complete Guide

Mississippi’s Delta region is known as the birthplace of the American blues music movement in the early 20th century. More than 1 in 10 people (11.4%) in the Magnolia State work in agriculture, though manufacturing is also a major job sector. As home to the longest river in the U.S., it’s also a key logistics and transportation corridor for waterborne freight shipping. But if you get hurt on the job, do you know how to get Mississippi workers’ compensation benefits from your employer? And how can you tell if you have this type of insurance coverage?

Learn how to apply, qualify, pay amounts, injury reporting and filing deadlines along with more helpful info below.

Getting Mississippi Workers’ Comp Benefits: Key Takeaways

• The Mississippi Workers Compensation Act determines which injured workers can receive workers’ comp benefits from the company insurance carrier.
• In general, your injury must happen in the course and scope of your employment to qualify for workers’ compensation benefits.
• You cannot receive workers’ comp benefits if you fail to report your work accident within 30 days or refuse medical attention.
• This no-fault system helps provide medical care, replace lost wages, and provide other benefits to employees injured or killed on the job.
• MS businesses with fewer than 5 total employees do not have to carry workers’ comp insurance, but may voluntarily provide it. If you aren’t sure, ask your supervisor or HR department.
• An attorney can help protect your rights and maximize your workers’ compensation settlement after a work accident injures you.

Mississippi Workers’ Compensation Law: How to Tell if You’re Covered

The Mississippi Workers’ Compensation Act requires every employer with at least five employee to have workers’ comp insurance coverage. The law states that this coverage applies starting on day one of your job, assuming your employer has insurance. However, the law also automatically exempts certain types of employees in this state, including:

• Domestic workers employed in private homes
• Farm laborers
• Federal employees
• Independent contractors
• Non-profit fraternal, charitable, religious, or cultural organization employees

That said, people employed by subcontractors also should have workers’ compensation insurance coverage. Employers of the above exempt employees may voluntarily choose to provide coverage, but it is not mandatory under current state law.

Steps to Filing Your Mississippi Workers’ Comp Claim to Receive Benefits

If you’re an injured employee and your employer carries workers’ compensation insurance follow the steps below to file your claim.

Important: Use this online search tool to confirm whether or not your employer has coverage.

1. Seek medical attention for your work-related injury or illness as soon as possible after your accident.

Failing to get medical treatment in a timely manner could put your workers’ compensation claim at risk. You can see any doctor you choose, but tell them that your illness or injury is work-related. If the doctor you see refers you to a specialist for additional care, you do not need prior approval.

2. Report your work-related accident to your employer within 30 days, preferably in writing.

If you wait longer than that, you may lose your ability to claim any workers’ compensation benefits. State workers’ compensation laws say the statute of limitations for an injured employee to claim any benefits is two years. However, the sooner you report it, the better (and more accurate) your claim paperwork will be.

3. Your employer then has 10 days to notify their insurance company and the MS Workers’ Compensation Commission of your injury.

If your employer refuses to take this step, you can file your First Report of Injury or Illness form directly with the Commission.

4. If approved, then your wage loss benefits can begin after the five-day waiting period ends.

You won’t get paid time off work unless a doctor says your workplace injury prevents you from working for more than 5 days. However, you will receive unlimited medical benefits to treat your job-related injury or illness.

Once you miss at least 2 weeks of work after your accident, workers’ comp insurance covers those first 5 unpaid days off.

5. If the insurance company denies you benefits, try to resolve your dispute with the claims adjuster directly. If that fails, you can appeal directly to the Mississippi Workers’ Compensation Commission.

At this point, we strongly suggest consulting a workers’ compensation attorney for help with your appeal.

Types of Workers’ Compensation Benefits Available to Workers Injured on the Job

There are several types of workers’ compensation benefits you might qualify for, depending on how severe your injury or illness is.

Medical Care

Even if you don’t need time off work to recover, Mississippi workers’ compensation should at least cover your medical expenses, including:

• Doctor visits
• Hospital stays
• Surgery
• Prescription and OTC medication needed to treat your symptoms
• Necessary tests and scans to diagnose and treat your issue (i.e., blood labs, X-rays, CT scans, MRIs, etc.)
• Physical therapy
• Transportation costs related to your medical treatment (i.e., mileage reimbursement, toll fees)

Medical benefits can last as long as you need them, or until you return to work full time at your usual pay rate.

Disability Benefits to Help Cover Your Lost Wages

If you cannot work at all after your job accident, you may qualify for temporary disability benefits to help cover your lost wages:

• Temporary total disability benefits. TTD payments equal two-thirds of your Average Weekly Wage (AWW), subject to the state’s minimum and maximum benefit amounts. You may receive these benefits while you take temporary time off to recover from your injury or illness.
• Temporary partial disability benefits. TPD payments equal two-thirds of the difference between your pre- and post-injury AWW. These benefits apply when you can return to work part-time or on light duty, but earn less income than usual.
• Permanent partial disability benefits. These benefits only begin once you reach Maximum Medical Improvement (MMI) and your TTD payments end. If you have a permanent disfigurement or lose a body part, you may qualify for a lump-sum workers’ compensation settlement. Insurers calculate PPD benefits the same as TPD payments. If you lose a body part, your settlement will cover a set number of weeks of PPD benefits. These can range anywhere from 10 weeks for losing a toe to a max of 200 weeks for losing your entire arm.
• Permanent total disability benefits. If you cannot work at all once the doctor declares you fully recovered from your accident, you may receive PTD benefits. These are only available once you reach MMI, and pay the same amount as TTD benefits.

Important: No injured employee can receive more than 450 weeks of disability benefits to cover lost wages in Mississippi.

Death Benefits

If an employee dies from their work-related injuries or is killed on the job, death benefits may be available to cover:

• Reasonable funeral expenses totaling up to $5,000
• An immediate lump-sum payment of $1,000 to the surviving spouse
• Biweekly death benefits for the deceased worker’s surviving spouse and children for no more than 450 weeks

Biweekly benefit payments for surviving family members break down like this:

• 35% of the deceased worker’s AWW paid to the surviving spouse until remarriage, but no more than 450 weeks total
• 10% of the deceased worker’s AWW paid to each dependent child until they turn 18, or age 23 if they are full-time students
• If there is no surviving spouse, each dependent child receives up to 25% of the deceased worker’s AWW every other week

All eligible survivors can receive a max of 66 2/3% of the deceased worker’s AWW in combined benefits.

How to Get Your Free Mississippi Workers’ Compensation Claim Evaluation

If the insurance company denies you benefits after you’re injured on the job, an attorney can help you appeal. Some common reasons why the insurance company might deny your claim are as follows:

• You have a pre-existing health condition that is very similar to your current work injury or illness
• Failure to pass a drug test required by state law after your job accident
• Your injury resulted from a refusal to use required safety equipment provided by your employer
• A third party caused your injury or illness (i.e., a coworker or customer attacked you at work, you got rear-ended by a vendor in the parking lot, etc.)
• Your claim is for a mental health issue, like PTSD or panic attacks caused by work stress

We can connect you with a local workers’ comp attorney for a free evaluation of your case today. Every attorney in our network provides contingency based help and free consultations to help you decide what to do next.

You are not obligated to do anything else, including work with the attorney you speak with or move forward with your claim. If an attorney can’t help you win a workers’ compensation cash settlement, then you owe $0. And if you’re successful, the state legislature says you cannot owe more than 25% of your award in legal fees.

Want to know how much your work injury could really be worth? Click the button below now to start your free claim evaluation and get the help you deserve today: