Federal & State Regulations | Workers’ compensation - Mississippi

State Info

Summary of Differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Self-insurance by private carrier, individual employer, or groups of employers.

Exemptions from WC: Employers with fewer than 5 employees. Agricultural employers may secure coverage voluntarily, even though no statutory provisions are prescribed.

Medical benefits provided: Full

Physician selection: Employee chooses physician.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for up to 450 weeks. Total maximum amount payable is $158,013.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for up to 450 weeks. Total maximum amount payable is $158,013.

Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage for up to 450 weeks. Total maximum amount payable is $158,013.

Scheduled awards: Scheduled awards are paid in addition to TTD benefits and paid upon termination of TTD benefits. Awards are not reduced because of receipt of TTD benefits.

Disfigurement benefits: Compensation of up to $5,000 is paid for serious facial or head disfigurement.

Death benefits for surviving spouse and children: 35 percent (spouse only) or 66 2/3 percent (spouse and children) of employee’s wage for a maximum of 450 weeks. An additional sum of $1,000 is payable to widows. Children receive benefits beyond age 18 if disabled, or until age 23 if full-time students. Total maximum payable is $158,013.

Maximum burial allowance: $5,000

Waiting period: 5 days. Compensation is retroactive if disability continues for 14 days from date of injury.

Rehabilitation: Employers are responsible for paying a maximum of $25/week for up to 52 weeks during vocational rehabilitation (VR). Physical rehabilitation (PR) is covered under medical services. Employees must accept physical rehabilitation or compensation may be suspended. Physical rehabilitation is covered under medical services.

Attorney fees: 25 percent before Commission; 33 1/3 percent in court, statute, determined by agency.

Occupational hearing loss statutes: Employee has 2 years from the date of discovery to file for compensation. Scheduled benefits for 1 ear are $13,644, for 2 ears are $51,166. There is a deduction for preexisting loss.

Forms - www.mwcc.ms.gov/#/forms

Rules - www.mwcc.ms.gov/#/LawsMore