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Mississippi Workers Compensation Laws
Workers compensation policy information for the State of Mississippi
- State: Mississippi
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
- Compulsory: Yes
- Private Insurance: Allowed
- Self-Insurance: Allowed
- State Fund: No state fund.
- Assigned Risk: Compensation Insurance Services, contact at:http://www.compinsservices.com/
Note effective May 7, 2007, NCCI began processing Mississippi workers compensation assigned risk applications.Contact NCCI Mississippi Plan at: NCCI--Mississippi, 75 Remittance Drive, Suite 1353, Chicago, IL 60675-1353 to secure coverage.
- Numerical Exceptions: 5 - All employers with five (5) employees regularly employed are required to provide workers' compensation insurance coverage. If the employer has less than five (5) employees, workers' compensation coverage is not mandatory but may be provided voluntarily by the employer. Domestic and farm labor, and employees of non-profit fraternal, charitable, religious or cultural organizations are not covered under the Law unless coverage is provided voluntarily by the employer. The Workers' Compensation Law likewise does not apply to federal employees or certain transportation and maritime employments covered by federal compensation laws. Finally, independent contractors are ordinarily excluded from coverage although special protection is given to employees of subcontractors.
- Individual Waivers Allowed: None allowed.
- Sole Proprietor: Included in coverage/may elect to be exempt - Any employer may elect, by proper and written action of its own governing authority, to be exempt from the provisions of the Workers' Compensation Law as to its sole proprietorif such sole proprietor also voluntarily agrees thereto in writing. Any sole proprietor who becomes exempt from coverage under the Workers' Compensation Law shall be excluded from the total number of workers or operatives toward reaching the mandatory coverage threshold level of five (5). When included in coverage rating payroll used is $33,600 per year as of 3-1-11.
- Partners: Included in coverage/may elect to be exempt - Any employer may elect, by proper and written action of its own governing authority, to be exempt from the provisions of the Workers' Compensation Law as to its partner in a partnership if such partner also voluntarily agrees thereto in writing. Any partner who becomes exempt from coverage under the Workers' Compensation Law shall be excluded from the total number of workers or operatives toward reaching the mandatory coverage threshold level of five (5). When included in coverage rating payroll used is $33,600 per year as of 3-1-11.
- Corporate Officers: Included in coverage/may elect to be exempt - Employers may elect, by proper and written action, to be exempt from the provisions of the Workers' Compensation Law for its employee who is the owner of fifteen percent (15%) or more of its stock in a corporation, employee must also voluntarily agrees thereto in writing. Employees who own fifteen percent (15%) or more of the stock of his/her corporate employer who becomes exempt from coverage under the Workers' Compensation Law shall be excluded from the total number of workers or operatives toward reaching the mandatory coverage threshold level of five (5). When included in coverage rating payroll used is a minimum of $650 per week and a maximum of $2,200 per week as of 3-1-11.
- LLC Members: LLC Members are not specifically addressed under the Mississippi statutes. hen included in coverage rating payroll used is a minimum of $650 per week and a maximum of $2,200 per week as of 3-1-11.
- Contractors: You'll find that independent contractors are ordinarily excluded from coverage although special protection is given to employees of subcontractors.
- Special Notes: Coverage of Agricultural Workers - Employers may secure coverage voluntarily, even though there are no statutory provisions. Coverage of Domestic Employees - Employers are permitted to provide voluntary coverage.
- Mississippi Workers Compensation Subrogation: Mississippi Statute 71-3-71 is where you will find subrogation information for the State of Mississippi. 71-3-71, "Action by employee against other parties; intervention by employer or insurer" specifically addresses subrogation of workers compensation for Mississippi. You can view this state statute by using the link we've provided below. Just click the link and it will take you to the online version of this Mississippi statute. Mississippi Statute On Subrogation
- Mississippi Workers Working In Other States; Other States Workers Working In Mississippi, Extraterritorial, Reciprocity and Non-Compliance: When Mississippi workers are working temporarily in another state, then workers compensation coverage for that worker is governed by the extraterritorial provisions found in Mississippi statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. It's reciprocity that governs coverage for a worker from another state who is working temporarily in Mississippi. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!
- Extraterritorial:
- Provisions: Yes
- Duration: 6 months and may be extended
- Reciprocity:
- Allowed: Yes
- Specific Statute: Mississippi 71.3.109, Provisions applicable in other jurisdictions; ;
- For More Information Contact: Mississippi Workers Compensation Commission as shown below.
- Regulated By:
- The Mississippi Workers Compensation Commission
- PO Box 5300
- 1428 Lakeland Drive
- Jackson, MS 39296-5300
- 601-987-4200
- http://www.mwcc.state.ms.us/
- Mississippi Insurance Department
- P.O. Box 79
- 1001 Woolfolk State Office Building
- 501 N. West St.
- Jackson, MS 39205
- 601 359 3569
- http://www.mid.state.ms.us/
- Workers Compensation Statute:
- http://www.mslawyer.com/mwcc/mwcc.html
- Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
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Voice: (931) 292-2633
Fax: (573) 447-4998
email: rks@workcompconsultant.com
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