Mississippi Workers' Compensation Laws
UPDATED: February 20, 2011
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Mississippi workers' compensation law governs the rights and benefits for which workers are eligible if they have suffered an occupational disease or injury, and the procedures through which they may receive such benefits.
Claims under Mississippi Workers' Compensation
If you are injured in a workplace accident (such as by falling, tripping, or slipping), or in an accident related to your job, your injury is most likely covered by your employer's workers' compensation insurance. However, if your injury was self-inflicted or came about because you were drunk or on drugs at the time the injury occurred, you will lose the right to receive workers' compensation benefits.
Additionally, if you develop an occupational illness (such as carpal tunnel syndrome or radiation poisoning) because of repeated exposure to conditions at your worksite, your disease will be covered by your employer's workers' compensation insurance policy.
Lastly, in the unfortunate event that a worker dies because of his occupational injury or disease, his relatives may be eligible for death benefits based on their dependency on the deceased worker.
Mississippi Workers' Compensation Benefits
Healthcare necessary to treat your work injury or disease will be paid for by your employer's insurance carrier. Medical treatment may include hospital or doctor bills and any other care necessary to treat your employment injury or illness. You may also be reimbursed for mileage and for the wages you lose in going to and from medical appointments, as well as the time you spend in those appointments getting your injury treated.
Income replacement benefits are also available in Mississippi if your injury or disease prevents you from working while you recover. Many injured Mississippi workers file a claim for income replacement benefits, which fall into one of four categories. The following benefits are available:
1) Temporary Total Disability Benefits (TTD): An employee is injured and cannot work. During his recovery period, he will receive monetary payments every two weeks of 2/3 of his pre-injury average weekly wage.
2) Temporary Partial Disability Benefits (TPD): Workers who can do some work while they recover from their injuries or illnesses, but only at a reduced wage or for reduced hours, will be paid the difference between their current wage and 2/3 of their pre-injury average weekly wage.
3) Permanent Partial Disability Benefits (PPD): If a worker has been injured and his condition has maximally improved, but he is still impaired, for 450 weeks he will receive up to 2/3 of his average weekly wage prior to the injury.
4) Permanent Total Disability Benefits (PTD): When the employee is totally disabled by his injury or illness and will not recover or be able to earn income. PTD benefits will continue for up to 450 weeks.
Finally, up to $2,000 may be paid for the employee's funeral expenses if he dies from his work-connected disease or injury. Surviving dependents of the deceased employee may be eligible for death benefits to make up for the deceased employee's lost wages.
Mississippi Workers' Compensation Statutes
The relevant Mississippi workers' compensation statutes can be found in the Mississippi Code.
Employers Subject To Workers' Compensation: Labor and Industry, Title 71, Chp.3 §5; Covered Employees: Labor and Industry, Title 71, Chp.3 §5; Benefits: Labor and Industry, Title 71, Chp.3 §§ 17-25; Claims Procedure: Labor and Industry, Title 71, Chp.3 §35.