Construction Site Injuries in Mississippi
Whether an injured construction worker in Mississippi can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Mississippi's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is liable only for compensation, which replaces all other liability to the worker. Miss. Code Ann. §§71-3-9, 71-3-71
| Construction site injuries | Mississippi's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is liable only for compensation, which replaces all other liability to the worker. The worker may still sue a third party (someone other than the employer) whose fault caused the injury, and accepting compensation does not affect that right; the employer or insurer is repaid from the recovery after collection costs. Read on codes.findlaw.com (a public copy of the official code); check against the official code. No search for a scaffold-type statute was done; no absence claim is made. |
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| Fault rule (comparative negligence) | Pure comparative negligence. In actions for personal injury, death or property damage, the injured person's contributory negligence does not bar recovery; the jury reduces damages in proportion to that person's share of negligence. Source: Miss. Code Ann. § 11-7-15 |
| Deadline to sue for an injury | Three years. Actions with no other specific limitation period, which includes most negligence personal injury claims, must be filed within three years after the cause of action accrues. For latent injuries or diseases, the time starts when the injury is discovered or reasonably should have been discovered. Source: Miss. Code Ann. § 15-1-49 |
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FAQ
Can you sue for a construction accident in Mississippi?
Mississippi's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is liable only for compensation, which replaces all other liability to the worker. The worker may still sue a third party (someone other than the employer) whose fault caused the injury, and accepting compensation does not affect that right; the employer or insurer is repaid from the recovery after collection costs.
Can you recover damages if you were partly at fault in Mississippi?
Pure comparative negligence. In actions for personal injury, death or property damage, the injured person's contributory negligence does not bar recovery; the jury reduces damages in proportion to that person's share of negligence.
What is the statute of limitations for personal injury in Mississippi?
Three years. Actions with no other specific limitation period, which includes most negligence personal injury claims, must be filed within three years after the cause of action accrues. For latent injuries or diseases, the time starts when the injury is discovered or reasonably should have been discovered.
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.