Workers' comp deadlines in Mississippi: tell your employer and file

Tell your employer in Mississippi

Time limit

30 days

Counted from

The date of the injury

In writing?

The law does not require writing

If you are late

If notice is late, the claim is not barred if your employer knew about the injury and was not harmed by the late notice.

Tell your supervisor, or the person your employer has named to receive injury reports, immediately. The law requires that your employer, or an officer, manager or designated representative, actually receives notice within 30 days after the injury. If your employer has not posted the name of a designated representative, notice to any superior is enough.

Law: Miss. Code Ann. 71-3-35(1)

Source: mwcc.ms.gov

File your claim in Mississippi

Time limit

2 years

Counted from

The date of the injury or death, if no compensation (other than medical treatment or burial expense) has been paid

What to file

Petition to Controvert, filed with the Mississippi Workers' Compensation Commission (original and two copies, or electronically through the Commission's ATOS system)

Who files it

You report the injury to your employer. Your employer must report the injury and notify its insurance company and, when required, the Commission (First Report of Injury). You file a Petition to Controvert with the Commission only if there is a dispute or benefits are not paid; the Commission then notifies the employer and insurer.

Source: Form B-5,11

What your employer must do

After being told of an injury, your employer must report it and notify its insurance company and/or the Commission. Any claim involving payment for any type of disability must be filed with the Commission.

When the insurer decides

The first payment of disability benefits is due on the 14th day after the employer has notice of the disabling injury, unless the employer or insurer denies the claim by filing a Notice of Controversion within those 14 days. A payment not made within 14 days of its due date is increased by a 10% penalty.

Source: Form B-52

Illness that develops over time

For an illness or injury whose effects show up later, the time limit generally begins when you, as a reasonable person, recognize the nature, seriousness and probable work-related character of the condition.

If your employer or its insurance company pays disability benefits, the 2-year limit does not apply. If no disability benefits are paid within 2 years from the date of injury, you lose the right to all benefits unless you file a claim (Petition to Controvert) with the Commission within those 2 years. If benefits were paid and then stopped, you generally have 1 year after the insurer files its Notice of Final Payment with the Commission, or 1 year after a claim is rejected, to ask for more.

Source: Form B-31

Law: Miss. Code Ann. 71-3-35(1), 71-3-37(7), 71-3-53

Source: mwcc.ms.gov

Law: Miss. Code Ann. 71-3-37, 71-3-67

Source: mwcc.ms.gov

Waiting period and first payment in Mississippi

Waiting period

Wage loss benefits are not paid for the first 5 days of disability unless your disability lasts at least 14 days. A day of disability is any day you cannot earn your regular wage because of the injury. The 5 days and the 14 days do not have to be consecutive. Medical benefits are paid no matter how many days you miss.

Paid back for the waiting days

If your disability lasts 14 days or more, you are paid for the whole period, including the first 5 days.

First payment

The first installment is due on the 14th day after your employer has notice of the disabling injury. After that, wage loss payments must be made at least every 14 days while the disability continues. A late installment is increased by 10% (20% if an award is not paid within 14 days of its due date).

How often you are paid

At least every 14 days

Law: Miss. Code Ann. 71-3-11, 71-3-37(5)

Source: mwcc.ms.gov

Deadline helper

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