Appealing a Denied Workers' Comp Claim in Mississippi
The deadline to challenge a denied workers' comp claim in Mississippi, where to file, and the steps from hearing to appeal.
Short answer: 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. Miss. Code Ann. §§71-3-47, 71-3-51
| 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). |
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| 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 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) |
Where to get help in Mississippi
More Mississippi workers' compensation
- Filing a Workers' Comp Claim in Mississippi
- How Much Workers' Comp Pays in Mississippi
- Workers' Comp Settlements in Mississippi
- Retaliation for Filing Workers' Comp in Mississippi
- Suing Over a Work Injury in Mississippi
- All Mississippi workers' compensation rules
FAQ
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.
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.
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).
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.