Mississippi requires all businesses to have workers comp for employees, with only a few exceptions.
Workers compensation insurance generally pays medical bills and some lost wages for a worker who's injured while performing job-related tasks. Work injuries that can be covered by workers comp ranges from breathing problems to muscle injuries to foot joint pain.
Mississippi workers compensation law specifies many details on the limits of workers comp payments as well as who must be covered and who can be exempt from coverage. Below are many of the specifics contained in the workers comp law in Mississippi. The Mississippi Workers' Compensation Commission also has a page with helpful information for employers.
Who's covered by Mississippi workers compensation laws?
Can any employees opt out of Mississippi workers compensation with a waiver?
Yes - corporate officers and sole proprietors can. Employees who own 15% or more of stock in a corporation are exempt.
Is self-insurance for workers comp allowed in Mississippi?
Yes, for individual employers, groups of employers and political subdivisions. Political subdivisions in Mississippi are typically the state or a city, county, special district, school district or public agency.
By self-insuring, a business assumes responsibility for paying their own workers comp claims. A self-insured company typically hires a claims service company to handle claims administration and other services.
Are there exclusions for:
Small employers? Yes, for employers who employ fewer than five employees.
Agricultural employers? Yes, farmers and farm labor are excluded.
Domestic employers? Yes, domestic servants are excluded.
Independent contractors? Yes.
Casual employees? Yes.
Volunteers? Yes.
Professional athletes? No.
Mississippi workers comp medical benefits
Is there a Mississippi workers comp fee schedule?
Yes.
Fee schedules define payments for surgery, radiology, hospital services, chiropractic care, ambulance service, prescription drugs and other medical services for an injured worker.
Are there limits on medical treatment?
Yes, chiropractic care, physical therapy and occupational therapy is limited to 15 visits or 30 days without additional authorization among other limitations.
Who makes the initial choice of treating physician?
The employee.
Disability payments for workers compensation insurance in Mississippi
Workers comp generally pays a worker a portion of their income when they can't work due to a job-related injury. Based on both temporary and permanent disability, state law outlines the limits on the amounts and length of disability payments.
How are temporary total disability (TTD) payments calculated?
66 2/3% multiplied by the worker's average weekly wage, subject to minimum and maximum.
Weekly minimum: $25
Weekly maximum: $468.63
Maximum length of TDD benefits: 450 weeks.
How are permanent total disability (PTD) payments calculated?
66 2/3% multiplied by the worker's average weekly wage, subject to minimum and maximum.
Weekly minimum: $25
Weekly maximum: $468.63
Are there cost of living increases for PTD payments? No.
Maximum length of PTD benefits: 450 weeks or until total compensation paid equals $210,883.50
How are permanent partial disability (PPD) payments calculated?
Wage difference or medical impairment rating if injury is scheduled.
Weekly minimum: No minimum.
Weekly maximum: $468.63
Fatality benefits under Mississippi workers compensation law
Maximum burial benefit: $5,000
Dependency benefits, weekly minimum / maximum: $25/$468.63
When do children's dependency benefits end? At age 18; age 23 if the child is a student; benefits can continue for 450 weeks if child is disabled.
Other injuries covered by Mississippi workers compensation
Mental stress with no physical injury? Yes.
Cumulative trauma (such as injuries caused by repeated exposure or repetitive motion)? Yes.
Occupational hearing loss? Yes.
Disfigurement? Yes.
Source: Workers Compensation Research Institute, May 2016 report