Title 71, Labor and Industry

The commission shall cooperate with federal, state, and local agencies in the rehabilitation of handicapped workers, and shall promptly report to the proper authority industrial injury cases in which retraining or job placement may be needed.

(a) Compensation and death benefits shall be double the amount otherwise payable if the injured employee at the time of the injury is a minor under eighteen (18) years of age employed, permitted, or suffered to work in violation of any provision of the Mississippi labor laws. The…

(1) If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of his employment while temporarily employed outside of this state, he or his dependents in case of his death shall be entitled to co…

No compensation except medical benefits shall be allowed for the first five (5) days of the disability. In case the injury results in disability of fourteen (14) days or more, the compensation shall be allowed from the date of disability.

(1) The Department of Insurance is directed to promulgate such rules and regulations as will enable the department to provide the “Mississippi Workers’ Compensation Assigned Risk Plan” for the assignment of risks which in good faith are entitled to insurance under this chapter bu…

(1) The Mississippi Workers’ Compensation Commission shall appoint a medical advisory board to serve in an advisory capacity to study the possibility of the use of a medical fee schedule and to provide assistance to the commission in the performance of its functions relating to r…

(1) The Mississippi Workers’ Compensation Commission is hereby authorized and directed to review and make recommendations to the Legislature concerning alternative systems of workers’ compensation for the State of Mississippi. The commission shall evaluate (a) the feasibility of …

(1) There is hereby created the Mississippi Workers’ Compensation Advisory Council composed of individuals who, by their practice, experience and expertise, reflect the general composition of those involved with the workers’ compensation field. The council shall consist of not mo…

(1) In the event that an employee sustains an injury at work or asserts a work-related injury, the employer shall have the right to administer drug and alcohol testing or require that the employee submit himself to drug and alcohol testing. If the employee has a positive test ind…

The Commissioner of Insurance shall submit a report consisting of the condition of the assigned risk plan and the safety programs established by insurers in accordance with Chapter 577, Laws of 1992 to the Senate and House Insurance Committees by January 1 of each year, beginning…

(1) Each insurance carrier or commission approved self-insured employer shall maintain a workers’ compensation claims office, subject to the waiver provisions herein, within the borders of the State of Mississippi beginning July 1, 1993. Alternatively, each insurance carrier or c…

The Workers’ Compensation Commission may utilize one or more arbitrators to resolve disputes under such procedures as prescribed by the commission in its uniform procedure rules.

(1) The Mississippi Department of Human Services, Division of Child Support Enforcement (the department) or the obligee may cause a lien for unpaid and delinquent child or spousal support to be placed upon any workers’ compensation benefits payable to an obligor delinquent in chi…

(1) Compensation for disability or in death cases shall not exceed sixty-six and two-thirds percent (66-⅔%) of the average weekly wage for the state per week, nor shall it be less than Twenty-five Dollars ($25.00) per week except in partial dependency cases and in partial disabil…

(1) The employer shall furnish such medical, surgical, and other attendance or treatment, nurse and hospital service, medicine, crutches, artificial members, and other apparatus for such period as the nature of the injury or the process of recovery may require. The injured employ…

Sections 71-3-151 through 71-3-181 shall be known and may be cited as the “Mississippi Workers’ Compensation Self-insurer Guaranty Association Law.”

The purpose of Sections 71-3-151 through 71-3-181 is to provide a mechanism for the payment of the covered claims under the Workers’ Compensation Law, to avoid excessive delay in payment and to avoid financial loss to claimants because of the insolvency of a self-insurer, to assi…

Sections 71-3-151 through 71-3-181 shall be liberally construed to effect the purpose under Section 71-3-153, which shall constitute an aid and guide to interpretation.

(a) For the purposes of Sections 71-3-151 through 71-3-181, the following words shall have the meanings ascribed herein unless the context shall otherwise require:(a) “Individual association” means the Mississippi Workers’ Compensation Individual Self-insurer Guaranty Association…

The Mississippi Workers’ Compensation Self-insurer Guaranty Association created under this chapter shall be renamed as the “Mississippi Workers’ Compensation Individual Self-insurer Guaranty Association” and there is created a separate nonprofit unincorporated legal entity to be …

(1) The boards of directors of the individual association and the group association shall each consist of not less than five (5) nor more than nine (9) persons, serving terms as established in their plans of operation. The members of each of the boards shall be selected by their …

(1) Each association shall:(a) Be obligated to the extent of its covered claims existing prior to the date of default and arising within thirty (30) days after the date of default. In no event shall an association be obligated to a claimant in an amount in excess of the obligatio…

(1) Each association shall submit to the commission a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon ap…

(1) The commission shall:(a) Upon the request of an association or of any other party or without any request on its own motion, enter any appropriate order finding a member self-insurer to be in default and to determine the date of such default and promptly notify the association…

(1) Any person recovering from an association under Sections 71-3-151 through 71-3-181 shall be deemed to have assigned his rights under the Workers’ Compensation Law to such association to the extent of his recovery from such association. Any claimant seeking the protection of S…

(a) Compensation for disability shall be paid to the employee as follows:(a) Permanent total disability: In case of total disability adjudged to be permanent, sixty-six and two-thirds percent (66-⅔%) of the average weekly wages of the injured employee, subject to the maximum limi…

(a) To aid in the detection and prevention of individual self-insurer insolvencies and group self-insurer insolvencies:(a) The board of directors of an association may, upon majority vote, request that the commission order an examination of any of its member self-insurers and gro…

If an association assumes any obligations of an individual self-insurer or group self-insurer under this chapter, and payments of such obligations exceed the assets of such association, such association shall within not less than sixty (60) days thereafter submit for approval by …

The individual association and group association shall be subject to examination and regulation by the commission. The board of directors of each association shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved …

The individual association and group association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions except taxes levied on real or personal property.

Subject to Section 71-3-174, there shall be no liability on the part of and no cause of action of any nature shall arise against any individual self-insurer, any group self-insurer, association, agents and employees of an association, board of directors of an association, and the…

All proceedings in which any individual self-insurer in default or group self-insurer in default is a party before the commission or in any court in this state, on order of the commission, may be stayed for a period not to exceed six (6) months from the date of the default to per…

An employee who as a result of injury is or may be expected to be totally or partially incapacitated for a remunerative occupation and who, under the direction of the commission is being rendered fit to engage in a remunerative occupation may, in the discretion of the commission …

Sections 71-3-201 through 71-3-225 shall be known and may be cited as the “Drug-Free Workplace Workers’ Compensation Premium Reduction Act.”

It is the intent of the Legislature to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success withou…

(a) The following words and terms in Sections 71-3-201 through 71-3-225 shall have meanings as follows:(a) “Employee” means any person who works for salary, wages or other remuneration for an employer.(b) “Employer” means a person or entity that is subject to the Mississippi Work…

(1) If an employer implements a drug-free workplace program substantially in accordance with Sections 71-3-201 through 71-3-225, the employer shall qualify for certification for a five percent (5%) premium discount if offered under the employer’s workers’ compensation insurance p…

(a) A drug-free workplace program must contain the following elements:(a) Written policy statement as provided in Section 71-3-211;(b) Comply with the substance abuse testing procedures as provided in Sections 71-7-1 through 71-7-33, Mississippi Code of 1972, if testing is initia…

In case of temporary partial disability resulting in decrease of earning capacity, there shall be paid to the injured employee sixty-six and two-thirds percent (66-2/3%) of the difference between the injured employee’s average weekly wages before the injury and his wage-earning c…

(a) A drug-free workplace must provide a written policy statement on substance abuse in order to qualify for the provisions of Section 71-3-207. All employees must be given a written policy statement from the employer that contains:(a) A general statement of the employer’s policy…

(a) In order for an employer’s workplace to qualify as a private sector drug-free workplace and to qualify for the provisions of Section 71-3-207, the following must be met:(a) If an employer has an employee assistance program, the employer must inform the employee of the benefit…

(a) An employer must provide all employees with an education program on alcohol and other drug abuse prior to instituting a private sector drug-free workplace program under Sections 71-3-201 through 71-3-225. Also, an employer must provide all employees with an annual education p…

(a) In order to qualify as a private sector drug-free workplace and to qualify for the provisions of Section 71-3-207, and in addition to the educational program provided in Section 71-3-215, an employer must provide all supervisory personnel a minimum of two (2) hours of trainin…

(1) All information, interview, reports, statements, memoranda and test results, written or otherwise, received by the employer through a substance abuse program are confidential communications as they pertain to the employee only and may not be used or received in evidence, obta…

No cause of action shall arise in favor of any person against an employer based upon the failure of an employer to establish a substance abuse program in accordance with Sections 71-3-201 through 71-3-225.

Nothing in Sections 71-3-201 through 71-3-225 shall be construed to operate retroactively, and nothing in Sections 71-3-201 through 71-3-225 shall abrogate the right of an employer under state law to conduct substance abuse tests, or implement employee substance abuse testing pro…