Mississippi Workers' Compensation: Deadlines, Benefits and How to File
Mississippi workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Mississippi
- Deadline to report the injury
- Notify your supervisor or the person your employer designates immediately. By law, the employer (or an officer, manager or designated representative) must receive actual notice within 30 days after the injury. Miss. Code Ann. § 71-3-35(1)
- 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. Miss. Code Ann. § 71-3-35(1)-(2)
- Weekly benefit rate
- Temporary total disability benefits are 66 2/3% (two-thirds) of the worker's average weekly wage, subject to the weekly maximum, for as long as the disability continues, up to 450 weeks. Miss. Code Ann. § 71-3-17(b); Workers' Compensation Facts
- Maximum weekly benefit
- For injuries on or after January 1, 2026, the maximum weekly benefit is $654.63 and the lifetime disability maximum (450 times the weekly maximum) is $294,583.50. Mississippi Workers' Compensation Commission, Maximum Benefit & Mileage Rates
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | All employers with five or more employees regularly employed must carry workers' compensation insurance. Employers with fewer than five employees are not required to but may provide coverage voluntarily. Domestic and farm labor, and employees of nonprofit fraternal, charitable, religious or cultural organizations, are not covered unless the employer chooses to provide coverage. The law also does not apply to federal employees or certain transportation and maritime jobs covered by federal law, and independent contractors are ordinarily excluded (with special protection for employees of subcontractors). Workers are covered from the first day of employment. |
|---|---|
| Deadline to report the injury | Notify your supervisor or the person your employer designates immediately. By law, the employer (or an officer, manager or designated representative) must receive actual notice within 30 days after the injury. Lack of notice does not bar recovery if the employer knew of the injury and was not harmed by the failure to give notice. 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. Source: Miss. Code Ann. § 71-3-35(1) |
| 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) |
| Waiting period | Wage-loss payments are not made for the first 5 days of disability. If the worker has 14 or more days of disability, payments are made for the whole period, including the first 5 days. Medical benefits are paid regardless of how many days are missed. |
Benefits
| Weekly benefit rate | Temporary total disability benefits are 66 2/3% (two-thirds) of the worker's average weekly wage, subject to the weekly maximum, for as long as the disability continues, up to 450 weeks. Payments must be made at least every 14 days. If a carrier ends benefits and doctors disagree about whether the worker has reached maximum medical recovery, the worker may demand an immediate hearing on five days' notice to the carrier. 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. |
|---|---|
| Maximum weekly benefit | For injuries on or after January 1, 2026, the maximum weekly benefit is $654.63 and the lifetime disability maximum (450 times the weekly maximum) is $294,583.50. For 2025 injuries, the maximum was $610.00 (lifetime maximum $274,500.00). A worker receives the lesser of two-thirds of his or her average weekly wage or the weekly maximum in effect on the date of injury. |
| How long benefits last | Temporary total disability benefits are paid while the disability continues, up to 450 weeks. Permanent total disability benefits are also limited to 450 weeks, and the total paid is also capped at an amount tied to 450 weeks times 66-2/3% of the state average weekly wage. Permanent partial disability for scheduled body parts is paid for a fixed number of weeks (for example, 150 weeks for a hand, 200 weeks for an arm), and other permanent partial disability may not be paid for longer than 450 weeks. Mirror of the Mississippi Code (FindLaw), used per house rules for Mississippi; FindLaw notes it may not reflect the most recent amendments. Source: Miss. Code Ann. §71-3-17 |
| Permanent disability | Permanent partial disability for a scheduled body part pays 66 2/3% of the average weekly wage (subject to the maximum) for a set number of weeks after temporary benefits end, for example: arm 200 weeks, leg 175, hand 150, foot 125, eye 100, thumb 60, hearing in both ears 150. Total loss of use counts as loss of the member, and partial loss may be paid proportionally. Serious facial or head disfigurement may be awarded up to $5,000. Other permanent partial disabilities are paid at two-thirds of the difference between pre-injury wages and later wage-earning capacity, up to 450 weeks. Permanent total disability (including loss of both hands, arms, feet, legs or eyes, or any two of them) pays two-thirds of the average weekly wage for up to 450 weeks. 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. |
| Death benefits | If a work injury causes death, benefits are paid to the surviving spouse and certain dependents, at least every 14 days, for up to 450 weeks after the death. Benefits are a percentage of the worker's average weekly wage, subject to the weekly maximum, and the 450-times-maximum limit applies to the total paid to spouse and dependents. The employer or insurer must also pay up to $5,000 in funeral expenses and an immediate lump sum of $1,000 to the surviving spouse. |
Doctors, filing, settlements and appeals
| Choosing a doctor | The injured worker may select one physician or medical provider of his or her own choosing. That provider may make one referral to another specialist without approval from the employer or insurer. Any additional selections or referrals must be approved in advance by the employer or its insurer. The worker may choose a provider other than a medical doctor, such as a chiropractor. Workers cannot be billed for covered treatment. |
|---|---|
| How to file | Report the injury to your employer, which must report it to its insurer and/or the Commission. If you have a problem with your claim, first contact the employer or insurance representative; you can also call the Commission at 601-987-4200 and ask for a Claims Representative. To dispute a claim, a worker files a Petition to Controvert (Form B-5,11) with the Commission; a worker without an attorney mails it to the Commission, while attorneys file electronically. In claims where no benefits have been paid, the worker must file supporting medical records within 60 days. The claim is assigned to an Administrative Judge 23 days after the petition is filed. |
| Settlements | Yes. Lump-sum and commutation settlements are allowed but are governed by rules of the Mississippi Workers' Compensation Commission, may be made only when determined to be in the best interest of the injured worker or dependents, and the Commission has final authority over them. Mirror of the Mississippi Code (FindLaw), used per house rules for Mississippi. Source: Miss. Code Ann. §71-3-29 |
| Appealing a denial | A party seeking Commission review of an Administrative Judge's decision must file a written request or petition for review within 20 days of the decision; other parties may cross-appeal within 10 days after that. A party appealing a Commission order must file a notice of appeal with the Commission within 30 days of the order; the record is then sent to the Clerk of the Appellate Courts. These review and appeal deadlines may not be waived unless the law provides otherwise. |
| 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). |
| Filing or checking 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. |
| Lawyer fees in comp cases | 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). |
Lawsuits and uninsured employers
| Suing 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 |
| If your employer has no workers' comp | If an employer fails to secure required workers' compensation, the worker may claim compensation or sue the employer for damages, and the employer loses the fellow-servant, assumption-of-risk and contributory-negligence defenses. Failing to secure coverage is a misdemeanor punishable by a fine of up to $1,000, up to one year in jail, or both; for a corporation, its president, secretary and treasurer face the same penalties and are personally liable, together with the corporation, for benefits for injuries during the uninsured period. The Commission may also assess a civil penalty of up to $10,000. Read on codes.findlaw.com (a public copy of the official code); check against the official code. No uninsured-employer benefits fund was identified in the sections read. |
Where to get help in Mississippi
Workers' Compensation FAQ
Which employers must have workers' comp in Mississippi?
All employers with five or more employees regularly employed must carry workers' compensation insurance. Employers with fewer than five employees are not required to but may provide coverage voluntarily. Domestic and farm labor, and employees of nonprofit fraternal, charitable, religious or cultural organizations, are not covered unless the employer chooses to provide coverage. The law also does not apply to federal employees or certain transportation and maritime jobs covered by federal law, and independent contractors are ordinarily excluded (with special protection for employees of subcontractors). Workers are covered from the first day of employment.
How long do you have to report a work injury in Mississippi?
Notify your supervisor or the person your employer designates immediately. By law, the employer (or an officer, manager or designated representative) must receive actual notice within 30 days after the injury. Lack of notice does not bar recovery if the employer knew of the injury and was not harmed by the failure to give notice.
What is the deadline to file a workers' comp claim in Mississippi?
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).
Is there a waiting period for workers' comp in Mississippi?
Wage-loss payments are not made for the first 5 days of disability. If the worker has 14 or more days of disability, payments are made for the whole period, including the first 5 days. Medical benefits are paid regardless of how many days are missed.
How much does workers' comp pay in Mississippi?
Temporary total disability benefits are 66 2/3% (two-thirds) of the worker's average weekly wage, subject to the weekly maximum, for as long as the disability continues, up to 450 weeks. Payments must be made at least every 14 days. If a carrier ends benefits and doctors disagree about whether the worker has reached maximum medical recovery, the worker may demand an immediate hearing on five days' notice to the carrier.
What is the maximum workers' comp benefit in Mississippi?
For injuries on or after January 1, 2026, the maximum weekly benefit is $654.63 and the lifetime disability maximum (450 times the weekly maximum) is $294,583.50. For 2025 injuries, the maximum was $610.00 (lifetime maximum $274,500.00). A worker receives the lesser of two-thirds of his or her average weekly wage or the weekly maximum in effect on the date of injury.
Can you choose your own doctor for workers' comp in Mississippi?
The injured worker may select one physician or medical provider of his or her own choosing. That provider may make one referral to another specialist without approval from the employer or insurer. Any additional selections or referrals must be approved in advance by the employer or its insurer. The worker may choose a provider other than a medical doctor, such as a chiropractor. Workers cannot be billed for covered treatment.
How does permanent disability work under workers' comp in Mississippi?
Permanent partial disability for a scheduled body part pays 66 2/3% of the average weekly wage (subject to the maximum) for a set number of weeks after temporary benefits end, for example: arm 200 weeks, leg 175, hand 150, foot 125, eye 100, thumb 60, hearing in both ears 150. Total loss of use counts as loss of the member, and partial loss may be paid proportionally. Serious facial or head disfigurement may be awarded up to $5,000. Other permanent partial disabilities are paid at two-thirds of the difference between pre-injury wages and later wage-earning capacity, up to 450 weeks. Permanent total disability (including loss of both hands, arms, feet, legs or eyes, or any two of them) pays two-thirds of the average weekly wage for up to 450 weeks.
What workers' comp death benefits are available in Mississippi?
If a work injury causes death, benefits are paid to the surviving spouse and certain dependents, at least every 14 days, for up to 450 weeks after the death. Benefits are a percentage of the worker's average weekly wage, subject to the weekly maximum, and the 450-times-maximum limit applies to the total paid to spouse and dependents. The employer or insurer must also pay up to $5,000 in funeral expenses and an immediate lump sum of $1,000 to the surviving spouse.
How do you file a workers' comp claim in Mississippi?
Report the injury to your employer, which must report it to its insurer and/or the Commission. If you have a problem with your claim, first contact the employer or insurance representative; you can also call the Commission at 601-987-4200 and ask for a Claims Representative. To dispute a claim, a worker files a Petition to Controvert (Form B-5,11) with the Commission; a worker without an attorney mails it to the Commission, while attorneys file electronically. In claims where no benefits have been paid, the worker must file supporting medical records within 60 days. The claim is assigned to an Administrative Judge 23 days after the petition is filed.
How do you appeal a denied workers' comp claim in Mississippi?
A party seeking Commission review of an Administrative Judge's decision must file a written request or petition for review within 20 days of the decision; other parties may cross-appeal within 10 days after that. A party appealing a Commission order must file a notice of appeal with the Commission within 30 days of the order; the record is then sent to the Clerk of the Appellate Courts. These review and appeal deadlines may not be waived unless the law provides otherwise.
How long can you receive workers' comp in Mississippi?
Temporary total disability benefits are paid while the disability continues, up to 450 weeks. Permanent total disability benefits are also limited to 450 weeks, and the total paid is also capped at an amount tied to 450 weeks times 66-2/3% of the state average weekly wage. Permanent partial disability for scheduled body parts is paid for a fixed number of weeks (for example, 150 weeks for a hand, 200 weeks for an arm), and other permanent partial disability may not be paid for longer than 450 weeks.
How do workers' comp settlements work in Mississippi?
Yes. Lump-sum and commutation settlements are allowed but are governed by rules of the Mississippi Workers' Compensation Commission, may be made only when determined to be in the best interest of the injured worker or dependents, and the Commission has final authority over them.
How do I file or check a workers' comp claim online in Mississippi?
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.
How much can a workers' comp lawyer charge in Mississippi?
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).
Can you sue your employer for a work injury in Mississippi?
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.
Can you sue a third party for a work injury in Mississippi?
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.
What if my employer doesn't have workers' comp insurance in Mississippi?
If an employer fails to secure required workers' compensation, the worker may claim compensation or sue the employer for damages, and the employer loses the fellow-servant, assumption-of-risk and contributory-negligence defenses. Failing to secure coverage is a misdemeanor punishable by a fine of up to $1,000, up to one year in jail, or both; for a corporation, its president, secretary and treasurer face the same penalties and are personally liable, together with the corporation, for benefits for injuries during the uninsured period. The Commission may also assess a civil penalty of up to $10,000.
How long do you have to appeal a denied workers' comp claim in Mississippi?
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.
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