Workers compensation law, rules and policy information for Mississippi
for its Work Comp
Rules and Information
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Updated: Rating Payroll 02-14-2021
Authority/State Rating Bureau: NCCI
National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
Private Insurance: Allowed
State Fund: No State Fund
Assigned Risk: Compensation Insurance Services, contact at:http://www.compinsservices.com/
Assigned Risk Contact Information: 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
Small Deductible Program Details:
Deductible Range: NA
Effect on Experience Rating: NA
Available In: NA
For More Information About How Deductible Programs Work
Sole Proprietor: Excluded however may elect to be included. No specific state forms for inclusion. When included in coverage rating payroll used is $33,600 per year as of 3-1-11, $33,300 as of 3-1-2012, $34,100 as of 3-1-2013, $35,000 as of 3-1-2014, $35,500 as of 3-1-2015. $36,600 as of 3-1-2017. $37,300 as of 3-1-2018. $38,600 as of 3-1-2020. $39,400 as of 3-1-2021.
Partners: Excluded however may elect to be included. No specific state forms for inclusion. When included in coverage rating payroll used is $33,600 per year as of 3-1-11, $33,300 as of 3-1-2012, $34,100 as of 3-1-2013, $35,000 as of 3-1-2014, $35,500 as of 3-1-2015. $36,600 as of 3-1-2017. $37,300 as of 3-1-2018. $38,600 as of 3-1-2020. $39,400 as of 3-1-2021.
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, $650 / $2,200 as of 3-1-2013, $650 / $2,200 as of 3-1-2014, $700 / $2,300 as of 3-1-2015. $700 / $2,300 as of 3-1-2017. $700 / $2,400 as of 3-1-2018. $750 / $2,500 as of 3-1-2020. $750 / $2,500 as of 3-1-2021.
LLC Members:Excluded from coverage/may elect to be included. You will find that LLC Members are not specifically addressed under the Mississippi statutes. In 2011 the Mississippi Workers Compensation Commission ruled that LLC Members are to be treated the same as sole proprietors and partners. This ruling by the Commission was to clear up the manner in which LLC Members are treated in Mississippi. When included in coverage rating payroll used is $33,600 per year as of 3-1-11, $33,300 as of 3-1-2012, $34,100 as of 3-1-2013, $35,000 as of 3-1-2014, $700 / $2,300 as of 3-1-2015. $700 / $2,300 as of 3-1-2017. $700 / $2,400 as of 3-1-2018. $750 / $2,500 as of 3-1-2020. $750 / $2,500 as of 3-1-2021.
Election or Rejection of Coverage Form:There are no readily available inclusion or exclusion forms on the Mississippi Workers Compensation website page. You should contact the Mississippi Workers Compensation Commission for further information on how to elect to be included or excluded from coverage.
Special Note:The treatment of Sole Proprietors, Partners, Corporate Officers and LLC Members is a bit confusing when trying to read through Mississippi statute. For example, LLC Members are not even addressed in statute! We have verified Exclusion and Inclusion information by direct contact with the Commission. Please be sure to contact the Mississippi Workers Compensation Commission with any further questions you may have about exclusion and inclusion.
Notes About Forms: Be sure to check with your insurance company for additional forms they may use.
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.
Experience Rating Eligibility:Employers in Mississippi will receive an experience modification rate or EMR when they meet one of these triggers:
- $9,000 in policy premium is generated during the last year or last two years.
- $4,500 is the average policy premium generated for more than two years.
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 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!
- Provisions: Yes
- Duration: 6 months and may be extended
- Allowed: Yes
- Specific Statute or Reference: Use this link to LexisNexis and look up Mississippi Code 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
The Mississippi Workers Compensation Commission
PO Box 5300
1428 Lakeland Drive
Jackson, MS 39296-5300
Mississippi Insurance Department
P.O. Box 79
1001 Woolfolk State Office Building – 501 N. West St.
Jackson, MS 39205
601 359 3569
Mississippi Department of Insurance
Workers compensation statute can be found here:
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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.
WORKERS COMPENSATION CONSULTANT
Voice: (573) 489-8323
Fax: (573) 447-4998