Suing Over 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.

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.

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.