The Mississippi workers compensation act — formally the Mississippi Workers’ Compensation Law (Miss.
Code Ann. § 71-3-1 says the chapter “shall be known and cited as the Workers’ Compensation Law”; it is often called the Mississippi Workers’ Compensation Act), found at Mississippi Code of 1972, Title 71 (Labor and Industry), Chapter 3, §§ 71-3-1 through 71-3-225 — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Mississippi workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Mississippi at a Glance
| Official name | Workers’ Compensation Law (Miss. Code Ann. § 71-3-1 says the chapter “shall be known and cited as the Workers’ Compensation Law”; it is often called the Mississippi Workers’ Compensation Act) |
| Where it lives | Mississippi Code of 1972, Title 71 (Labor and Industry), Chapter 3, §§ 71-3-1 through 71-3-225 |
| First enacted | 1948 (effective January 1, 1949) |
| Reporting deadline | 30 days after the injury, by actual notice to the employer or its officer, manager or designated representative — Miss. Code Ann. § 71-3-35(1) |
| Filing deadline | 2 years from the date of injury or death if no compensation (other than medical or burial) has been paid and no application has been filed with the Commission — Miss. Code Ann. § 71-3-35(1) |
| Exclusive remedy | Miss. Code Ann. § 71-3-9 — the employer’s liability for compensation is exclusive; main exception: if the employer fails to secure payment of compensation, the injured worker (or their representative after a death) may choose either a comp claim or a lawsuit for damages |
In This Mississippi Guide:
What the Mississippi Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Mississippi workers compensation act dates to 1948 (effective January 1, 1949).
It lives at Mississippi Code of 1972, Title 71 (Labor and Industry), Chapter 3, §§ 71-3-1 through 71-3-225, and the official text is linked in the sources.
Who the Mississippi Workers Compensation Act Covers
Miss. Code Ann. § 71-3-5 — employers with 5 or more workers regularly in the same business or establishment must carry coverage Miss. Code Ann. § 71-3-5 — excludes nonprofit charitable, fraternal, cultural and religious corporations or associations, employers with fewer than 5 regular employees, domestic servants, and farmers and farm labor
Deadlines in the Mississippi Workers Compensation Act
Waiting period: Miss. Code Ann. § 71-3-11 — no compensation except medical for the first 5 days; if the disability lasts 14 days or more, compensation is paid from the date of disability. Wage-loss rate: Miss.
Code Ann. § 71-3-17 (with the maximum set by § 71-3-13) — 66 2/3% of the worker’s average weekly wage, subject to the state maximum, which changes every year; confirm the current figure with the Commission.
Mississippi Workers Compensation Act: Key Sections at a Glance
The sections of the Mississippi workers compensation act that decide most cases, each with its citation:
| Coverage mandate | Miss. Code Ann. § 71-3-5 — employers with 5 or more workers regularly in the same business or establishment must carry coverage |
| Exemptions | Miss. Code Ann. § 71-3-5 — excludes nonprofit charitable, fraternal, cultural and religious corporations or associations, employers with fewer than 5 regular employees, domestic servants, and farmers and farm labor |
| Report an injury | 30 days after the injury, by actual notice to the employer or its officer, manager or designated representative — Miss. Code Ann. § 71-3-35(1) |
| File a claim | 2 years from the date of injury or death if no compensation (other than medical or burial) has been paid and no application has been filed with the Commission — Miss. Code Ann. § 71-3-35(1) |
| Waiting period | Miss. Code Ann. § 71-3-11 — no compensation except medical for the first 5 days; if the disability lasts 14 days or more, compensation is paid from the date of disability |
| Wage-loss rate | Miss. Code Ann. § 71-3-17 (with the maximum set by § 71-3-13) — 66 2/3% of the worker’s average weekly wage, subject to the state maximum, which changes every year; confirm the current figure with the Commission |
| Exclusive remedy | Miss. Code Ann. § 71-3-9 — the employer’s liability for compensation is exclusive; main exception: if the employer fails to secure payment of compensation, the injured worker (or their representative after a death) may choose either a comp claim or a lawsuit for damages |
| Retaliation | NONE — there is no anti-retaliation section in Chapter 71-3. In Kelly v. Mississippi Valley Gas Co., 397 So. 2d 874 (Miss. 1981), the Mississippi Supreme Court declined to recognize a lawsuit for being fired after filing a comp claim, saying that is for the Legislature to create. Confirm with a licensed attorney. |
| Uninsured employer penalty | Miss. Code Ann. § 71-3-83 — failing to secure coverage is a misdemeanor punishable by a fine up to 1000, up to 1 year in jail, or both. For corporations, the president, secretary and treasurer are each personally liable. The Commission may also assess a civil penalty up to 10000 per case. |
| Who hears disputes | Miss. Code Ann. §§ 71-3-47 and 71-3-85 (with appeals under § 71-3-51) — the Mississippi Workers’ Compensation Commission hears disputed claims through its administrative judges. Their decisions can be reviewed by the full Commission and then appealed to the Mississippi appellate courts. |
The Exclusive-Remedy Bargain in the Mississippi Workers Compensation Act
Miss. Code Ann. § 71-3-9 — the employer’s liability for compensation is exclusive; main exception: if the employer fails to secure payment of compensation, the injured worker (or their representative after a death) may choose either a comp claim or a lawsuit for damages
Retaliation and Penalties Under the Mississippi Workers Compensation Act
NONE — there is no anti-retaliation section in Chapter 71-3. In Kelly v. Mississippi Valley Gas Co., 397 So. 2d 874 (Miss. 1981), the Mississippi Supreme Court declined to recognize a lawsuit for being fired after filing a comp claim, saying that is for the Legislature to create. Confirm with a licensed attorney. Miss.
Code Ann. § 71-3-83 — failing to secure coverage is a misdemeanor punishable by a fine up to 1000, up to 1 year in jail, or both. For corporations, the president, secretary and treasurer are each personally liable. The Commission may also assess a civil penalty up to 10000 per case. Miss.
Code Ann. §§ 71-3-47 and 71-3-85 (with appeals under § 71-3-51) — the Mississippi Workers’ Compensation Commission hears disputed claims through its administrative judges. Their decisions can be reviewed by the full Commission and then appealed to the Mississippi appellate courts.
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Recent Amendments to the Mississippi Workers Compensation Act
No amendment to the Mississippi workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Mississippi Workers Compensation Act
Statute pages are written for lawyers, so read the Mississippi workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Mississippi workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Mississippi claim guide turns these sections into steps and dates, and the Mississippi requirements guide covers the employer side.
Frequently Asked Questions
Where is the Mississippi workers compensation act in the code?
Mississippi Code of 1972, Title 71 (Labor and Industry), Chapter 3, §§ 71-3-1 through 71-3-225. The sources below link to the official text.
How long do I have to report a work injury under the Mississippi act?
30 days after the injury, by actual notice to the employer or its officer, manager or designated representative — Miss. Code Ann. § 71-3-35(1). Report in writing as soon as possible either way.
Can I sue my employer instead of using the Mississippi workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Mississippi Sources & Resources
- Mississippi Mississippi Workers’ Compensation Commission: https://mwcc.ms.gov
- Mississippi Workers’ Comp Statute: https://mwcc.ms.gov/pdf/MSAdjusterGuidebook.pdf (Commission claims guide that cites Chapter 71-3)
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Mississippi workers compensation act guide was last verified against official Mississippi sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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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.