Filing a Mississippi workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the Mississippi process in plain English, with the exact deadlines you cannot miss. All figures are from Mississippi sources, verified as of June 2026.
Mississippi at a Glance
| Report to employer | 30 days. An injured worker must give the employer actual notice of the injury within 30 days of the occurrence (Miss. Code Ann. §71-3-35). Notice should ideally be given immediately/as soon as possible; failing to report within 30 days can bar the claim absent a recognized excuse. |
| Deadline to file | 2 years (730 days) from the date of injury to file a claim (Petition to Controvert) with the Commission if no compensation has been paid (Miss. Code Ann. §71-3-35). Special rule: if the insurer pays for some medical treatment and then denies the claim, the worker generally has only 1 year from the date of the last payment to file. Confirm with the Commission and a licensed attorney. |
| Where to file | Mississippi Workers’ Compensation Commission (MWCC). A disputed claim is filed on Form B-5,11 “Petition to Controvert” (https://www.mwcc.ms.gov/pdf/b5-11.pdf), filed with the Commission (original plus two copies, or electronically through the Attorney Transmittal Online System / ATOS). The employer separately files a “First Report of Injury” (Form B-3) under Miss. Code Ann. §71-3-67. |
| Choose your doctor? | The injured worker generally has the right to choose their own treating physician. Under Miss. Code Ann. §71-3-15(1), the employee may accept the medical services offered by the employer/carrier OR, at the employee’s discretion, select one (1) competent physician of their choosing, plus any specialists that chosen physician refers them to. Changing your chosen physician after that generally requires approval from the employer/carrier or the Commission, so confirm the referral rules before switching. |
| Benefits start | Wage-loss (indemnity) benefits are subject to a 5-day waiting period — no wage benefits are paid for the first 5 days of disability. If the disability lasts 14 days or longer, benefits are paid retroactively back to the first day (the worker is then compensated for those first 5 days as well). Medical benefits have no waiting period and begin immediately once the injury is reported. Temporary total disability is generally paid at 66 2/3% of the average weekly wage, subject to the state cap. |
In This Mississippi Guide:
Filing a Workers’ Comp Claim in Mississippi
Filing a Mississippi workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the Mississippi process in plain English, with the exact deadlines you cannot miss. All figures are from Mississippi sources, verified as of June 2026.
How to File a Workers’ Comp Claim in Mississippi
First steps: 1) Get medical care right away (emergency care first if needed). 2) Report the injury to your supervisor or designated employer representative immediately, and in writing if possible, well within the 30-day notice window. 3) Ask the employer to file the First Report of Injury (Form B-3) with the MWCC and notify its workers’ comp carrier.
4) Keep copies of everything — dates, names, medical records, and how the injury happened. 5) If the claim is delayed, disputed, or denied, file a Petition to Controvert (Form B-5,11) with the Commission within the statute of limitations.
1) Injury occurs; worker notifies employer within 30 days. 2) Employer files First Report of Injury (Form B-3) and notifies its carrier. 3) Carrier investigates and either accepts (pays medical and indemnity benefits) or denies/disputes. 4) If denied or disputed, worker files a Petition to Controvert (Form B-5,11) with the MWCC within the statute of limitations.
5) About 23 days after filing, the claim is assigned to an Administrative Judge and placed on the active docket; the employer/carrier files a response. 6) The parties exchange discovery and may attempt to resolve or settle. 7) If unresolved, the Administrative Judge holds a hearing and issues a decision (Order).
Choosing a Doctor in Mississippi
The injured worker generally has the right to choose their own treating physician. Under Miss. Code Ann. §71-3-15(1), the employee may accept the medical services offered by the employer/carrier OR, at the employee’s discretion, select one (1) competent physician of their choosing, plus any specialists that chosen physician refers them to.
Changing your chosen physician after that generally requires approval from the employer/carrier or the Commission, so confirm the referral rules before switching.
What to Do If Your Mississippi Claim Is Denied
If the claim is denied or disputed, the worker files a Petition to Controvert (Form B-5,11) with the MWCC. The case is assigned to an Administrative Judge, the carrier responds, and (if not settled) the Administrative Judge holds an evidentiary hearing and issues an Order.
If the worker disagrees with the Administrative Judge’s decision, they may appeal to the Full Commission (the three-member Mississippi Workers’ Compensation Commission), which reviews the record (usually without a new hearing). A Full Commission decision can be appealed to the Mississippi Supreme Court (through the Court of Appeals). The administering agency is the Mississippi Workers’ Compensation Commission.
Appeal deadline: 20 days. A party seeking review of an Administrative Judge’s decision must file a written Petition for Review with the Secretary of the Commission within 20 days of the date of the Administrative Judge’s decision (MWCC Procedural Rules). A further appeal from a Full Commission decision to the Mississippi Supreme Court must generally be filed within 30 days of the Commission’s order.
Was your claim denied? A denial is not the end of the road in Mississippi — many denials are overturned on appeal. A workers’ comp attorney can review your case, usually for a free consultation.
What Happens After You File in Mississippi
Once your claim is filed in Mississippi, the employer’s insurer reviews it and either accepts it, asks for more information, or denies it. If it is accepted, your medical treatment is covered and your wage benefits begin after the waiting period.
Keep copies of everything — the injury report, your medical records, and any letters from the insurer — because they are what protect your claim if there is ever a dispute.
Common Mistakes That Hurt a Mississippi Claim
The two most common ways injured workers in Mississippi lose benefits are missing a deadline and gaps in medical treatment. Report the injury in writing as soon as you can, see a doctor and follow the treatment plan, and do not assume a verbal mention to a supervisor counts as official notice. If anything about the process is unclear, your state workers’-comp board can walk you through the next step.
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Other Mississippi claim rules: Mississippi requires private employers with 5 or more regular employees to carry workers’ comp coverage; some smaller employers and certain workers may be exempt. The 1-year (vs. 2-year) limitations trap when a carrier pays medical and then denies is a uniquely important Mississippi nuance.
Indemnity benefits equal 66 2/3% of the average weekly wage up to a state maximum that the MWCC sets each year and that changes every January 1 (the 2026 maximum weekly TTD figure could not be confirmed from an official MWCC/SSA source for this page — verify the current cap directly with the MWCC). Mississippi also caps total permanent disability at 450 weeks.
These figures and deadlines are a neutral reference only — confirm your specifics with the Mississippi Workers’ Compensation Commission and a licensed attorney.
Filing Your Mississippi Workers Comp Claim the Right Way
A Mississippi workers comp claim stands or falls on two things: hitting the deadlines and documenting the injury. Report the injury to your employer within the state window, file the Mississippi workers comp claim with the right agency before the statute of limitations runs out, and keep seeing your doctor.
Most denied claims come down to a missed deadline or a thin medical record — get both right and your Mississippi workers comp claim is on solid ground.
Frequently Asked Questions
How long do I have to report a work injury in Mississippi?
In Mississippi, you generally must tell your employer within 30 days. An injured worker must give the employer actual notice of the injury within 30 days of the occurrence (Miss. Code Ann. §71-3-35). Notice should ideally be given immediately/as soon as possible; failing to report within 30 days can bar the claim absent a recognized excuse. of the injury.
Report it in writing as soon as you can — waiting can put your benefits at risk.
How long do I have to file a workers’ comp claim in Mississippi?
The Mississippi statute of limitations to file is 2 years (730 days) from the date of injury to file a claim (Petition to Controvert) with the Commission if no compensation has been paid (Miss. Code Ann. §71-3-35). Special rule: if the insurer pays for some medical treatment and then denies the claim, the worker generally has only 1 year from the date of the last payment to file.
Confirm with the Commission and a licensed attorney.. Reporting the injury and filing the claim are two separate deadlines — do not rely on one to cover the other.
What if my Mississippi workers’ comp claim is denied?
If the claim is denied or disputed, the worker files a Petition to Controvert (Form B-5,11) with the MWCC. The case is assigned to an Administrative Judge, the carrier responds, and (if not settled) the Administrative Judge holds an evidentiary hearing and issues an Order.
If the worker disagrees with the Administrative Judge’s decision, they may appeal to the Full Commission (the three-member Mississippi Workers’ Compensation Commission), which reviews the record (usually without a new hearing). A Full Commission decision can be appealed to the Mississippi Supreme Court (through the Court of Appeals). The administering agency is the Mississippi Workers’ Compensation Commission.
Official Mississippi Sources & Resources
- Mississippi Mississippi Workers’ Compensation Commission (MWCC): https://mwcc.ms.gov
- Mississippi Workers’ Comp Statute: https://law.justia.com/codes/mississippi/title-71/chapter-3/general-provisions/section-71-3-35/
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Mississippi workers comp claim guide was last verified against official sources in June 2026. Deadlines and procedures change — confirm the current rule with your state workers’-comp board or a licensed attorney.
More Mississippi Workers’ Comp Guides
- Mississippi Workers’ Comp Settlements
- Mississippi Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.