Hiring a Workers' Compensation Lawyer in Mississippi
The limits on workers' comp lawyer fees in Mississippi, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Mississippi: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. The agreement must be in writing and state how the fee is figured, including percentages on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses come out before or after the fee is calculated. At the end, the lawyer must give a written statement of the outcome and the client's share. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | The Mississippi Bar's Fee Dispute Resolution Committee offers free mediation or arbitration of fee disagreements between clients and lawyers (and between lawyers). It is voluntary: each side must separately agree, and the consent form must be returned within 15 days or the matter is closed. Mediation is non-binding unless the parties sign an agreement (enforceable in court); arbitration produces a decision binding on both sides. Fee disputes involving a rule violation go through the grievance process instead. |
Mississippi rules to know first
| Lawyer fee limits | Any claimant's attorney fee above $200 in a claim must be submitted to the Mississippi Workers' Compensation Commission for approval under Miss. Code Ann. 71-3-63; fees of $200 or less are treated as consultation. In settlements, the maximum allowable attorney's fee is 25%, calculated on the present-day value of the settlement (indemnity plus fully funded future medical benefits). |
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| Deadline to file a claim | If no compensation (other than medical treatment or burial expense) has been paid and no application for benefits has been filed with the Commission within two years from the date of injury or death, the right to compensation is barred. The two-year limit does not run for a minor or mentally incompetent person until a guardian or representative is appointed (or, for a minor without a guardian, until he or she comes of age). Mirror: FindLaw copy of the Mississippi Code (marked current as of January 1, 2025); the official code is hosted by LexisNexis and was not used. The two-year rule is also described on the Commission's Workers' Compensation Facts page. Source: Miss. Code Ann. § 71-3-35(1)-(2) |
| Deadline to challenge a denial | The Workers' Compensation Commission must order a hearing on a disputed claim when either party applies, and a Commission representative may hold the hearing and decide. That decision becomes final unless a request for review by the full Commission is filed within 20 days. A final Commission order may be appealed to the Mississippi Supreme Court by filing a notice of appeal with the Commission within 30 days after the order is filed and the parties are notified; the appeal is decided on the Commission record. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The claim filing deadline is in the workcomp topic (claim_deadline). |
| Can you sue your employer? | An employer's workers' compensation liability is exclusive and replaces all other liability to the worker and family for the injury or death. The exception in the statute is an employer that fails to secure compensation: the worker (or representative, if the worker dies) may then claim compensation or sue for damages, and the employer may not defend by blaming a co-worker, assumption of risk, or the worker's contributory negligence. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. §71-3-9 |
| Suing someone other than your employer | Accepting compensation or filing a compensation claim does not affect the worker's right to sue a third party, and suing does not affect the right to compensation. The worker must notify the employer or insurer within 15 days after filing the third-party suit, and the employer or insurer may join or intervene. From the net recovery, reasonable collection costs come first, then the employer or insurer is repaid for compensation and medical expenses, and the worker gets the excess; settlements need court approval if a suit is pending, or Commission approval before suit. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. §71-3-71 |
| Filing a claim online | Mississippi workers' compensation claims are handled by the Mississippi Workers' Compensation Commission. The employer or its insurance carrier files the First Report of Injury (Form B-3) with the Commission. If benefits are disputed, the injured employee starts a contested claim by filing a Petition to Controvert (Form B-5) with the Commission (original and two copies); attorneys may file it electronically through the Commission's Attorney Transmittal Online System (ATOS). The Commission website has a First Report of Injury portal and a Proof of Coverage portal for checking whether a claim file exists and whether the employer had coverage. |
Find and check a lawyer
| Lawyer referral service | The Mississippi Bar does not run a lawyer referral service; its Consumer Assistance Program "does not maintain referral lists of Mississippi attorneys" and cannot recommend a specific attorney. The Bar offers an online Find a Lawyer directory of Mississippi attorneys (msbar.reliaguide.com) and a How to Select a Lawyer guide; the Consumer Assistance Program, (601) 948-2344, can suggest websites for locating an attorney. |
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| Check that the lawyer is licensed | The Mississippi Bar's Office of General Counsel, at (601) 948-0568, can confirm a Mississippi lawyer's current status and whether the lawyer has received public discipline (public reprimand, suspension or disbarment). Other information cannot be released without the lawyer's signed release. |
| Check discipline history or file a complaint | To file a grievance against a Mississippi lawyer, first contact the Mississippi Bar's Consumer Assistance Program at (601) 948-2344 (weekdays 8 a.m.-5 p.m.) or PO Box 2168, Jackson, MS 39225-2168. If warranted, CAP sends a grievance form to complete and return to the Bar's Office of General Counsel. Grievances generally must be filed within three years after discovering the misconduct, except those involving dishonesty or mishandling of funds. The Committee on Professional Responsibility meets four times a year and notifies you in writing within a month of its decision; outcomes include informal admonition, private or public reprimand, or a formal complaint to the Supreme Court. Complainants cannot appeal or withdraw a grievance. Public discipline can be confirmed by calling the Office of General Counsel at (601) 948-0568. |
Free legal help
| Free legal aid | Mississippi's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Mississippi Center for Legal Services (43 counties in South Mississippi) and North Mississippi Rural Legal Services (39 counties in North Mississippi), both reachable at 1-800-498-1804; most programs require income below 125% of the federal poverty level. The Mississippi Volunteer Lawyers Project (601-960-9577) offers volunteer attorney referrals and clinics, and Mission First Legal Aid Office (601-608-0056) serves Hinds, Madison and Rankin counties. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Mississippi · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.