Question 1

What is the statute of limitations for workers' compensation in Mississippi?

Accepted Answer

Employees must notify their employer of a work injury within 30 days. Formal claims must be filed with the Mississippi Workers' Compensation Commission within 2 years of the date of injury, occupational disease, or death. (Miss. Code Ann. §§ 71-3-35, 71-3-53)

Question 2

What is Mississippi's law on employer coverage requirement?

Accepted Answer

Employers with 5 or more employees (full-time, part-time, temporary, or seasonal) must carry workers' compensation insurance. Employers with fewer than 5 may voluntarily provide coverage. Domestic servants and farm laborers may be excluded. (Miss. Code Ann. § 71-3-5)

Question 3

What is Mississippi's law on temporary total disability (ttd) benefits?

Accepted Answer

TTD benefits are 66 2/3% of the employee's average weekly wage. Maximum weekly benefit: $630.73 (effective January 1, 2025). Minimum: $25/week. A 5-day waiting period applies (paid retroactively if disability exceeds 14 days). Maximum duration: 450 weeks total. (Miss. Code Ann. § 71-3-17)

Question 4

What is Mississippi's law on choice of physician?

Accepted Answer

Injured workers have the right to choose their own treating physician. The election must be in writing. The chosen physician may make one referral to a specialist without employer/insurer approval. (Miss. Code Ann. § 71-3-15)

Question 5

What is Mississippi's law on anti-retaliation?

Accepted Answer

Mississippi does not have a specific statutory anti-retaliation provision for workers' compensation claims. However, the common law McArn doctrine may provide a public policy exception to at-will employment for employees terminated for filing legitimate claims. (McArn v. Allied Bruce-Terminix Co. (common law))

Mississippi Workers' Compensation Laws

Statute of Limitations

Key Mississippi Statutes

Official Sources

Other Mississippi Laws