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Mississippi Worker's Compensation Benefits

Important Notice: The following overview of Mississippi's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Mississippi's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Mississippi.

Contents

Introduction

Mississippi's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Special Employment Situations

Employers with fewer than five employees are exempt from the state's worker's compensation act. Agricultural employers may secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. Employers may provide voluntary worker's compensation coverage for domestic servants.

Medical Benefits & Choice of Physician

Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. Initial choice of physician is made by the employee.

Disability Benefits Provided

Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to weekly maximum and minimum payment amounts. Payments may continue for up to 450 weeks, subject to a cap on the total benefit paid.

Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts and a cap on total payment. Payments for PTD may continue for up to 450 weeks.

Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PPD may continue for up to 450 weeks, subject to a cap on total PPD benefits.

Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.

Benefits may be available for serious disfigurement of the face or head.

Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.

With certain constraints and filing deadlines, occupational hearing losses may be compensable.

Death Benefits Provided

Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is available.

Limits on Attorney Fees

Attorney fees for claimants are set by statute at 25% for matters resolved before the commission, and one third for cases resolved in court.