Is Mississippi Workers’ Compensation insurance required?
The Mississippi Workers’ Compensation Commission states that all employers with five or more employees must have workers’ compensation insurance. If you’re an employer with less than five employees, workers’ comp is not mandatory, but you may choose to provide it.
Workers’ compensation insurance can help you avoid unexpected, out-of-pocket expenses for an employee’s workplace injury. Even if it’s not required by law, this insurance can help protect your business finances in the long run.
If an employee is injured on the job, a Mississippi workers’ compensation policy can help cover the following expenses:
How does Workers’ Comp work in Mississippi?
Many benefits are covered by workers’ compensation. Mississippi employees who are injured or become ill on the job may receive help paying for:
- Medical services and supplies
- Hospital and nursing services
- Prescription medications
- Physical therapy and rehabilitation services
- Mileage for out-of-town medical appointments
- Lost wages
- Permanent injury
- Survivor benefits
With Mississippi workman’s comp, employees can receive income benefits if their injury causes a loss of wages temporarily or permanently. Workers’ compensation income benefits in Mississippi include:
Temporary total disability. The injury results in the employee being completely unable to work, but the disability is not expected to be permanent.
Temporary partial disability. The employee can return to work with temporary restrictions, but will be unable to earn the same wages as they did prior to the injury.
Permanent partial disability. After they have reached maximum medical improvement from their injury, the employee is left with a permanent partial disability.
Permanent total disability. The employee sustains an injury that results in a permanent disability that involves the total amputation or loss of use of certain body parts and/or makes them unable to return to any type of reasonable employment for which they have education, training or experience.
In the event of an employee death on the job, workers’ comp death benefits can make payments to surviving spouse and dependents. Reasonable funeral expenses up to $5,000 are also covered.
Employers subject to the Mississippi workers’ compensation insurance requirement must post a Notice of Coverage poster in the workplace. This poster must include:
- The insurance carrier name and contact information.
- The dates that the insurance policy is in effect.
- Where to submit workers’ comp claims.
- Who to report injuries to within the company.
Employers are also required to make a report of any injury involving a covered employee and notify their insurance company and/or the Mississippi Workers’ Compensation Commission.
If an employee is injured outside Mississippi, coverage will generally apply — as long as they were hired or regularly employed in Mississippi and their work outside the state is temporary (less than six months).
If a non-resident of Mississippi is injured in the state while on a temporary job assignment, workers’ comp coverage will apply only if the situation meets all three of the following requirements:
- The employer has provided coverage for the employee under the laws of another state.
- The other state recognizes Mississippi’s extraterritorial provisions.
- The workers’ compensation law for the other state exempts Mississippi claimants and employers from its application.
Learn more about workers’ compensation coverage.
How much is Mississippi Workers’ Comp?
Workers’ compensation costs vary across industries. Factors that influence price include:
- The number of employees and the type of work they do
- Your total payroll
- Your insurance claims history
- The locations where you do business
The best way to determine the insurance rate for your business is to get a free instant quote from NEXT.
What if you don’t have Workers’ Compensation in Mississippi?
Employers required by state law to obtain workers’ compensation insurance but fail to do so may face statutory criminal and civil penalties. If an employee is injured while the employer is uninsured, that employee may file a suit against their employer.
Failure to file a report of an injury in a timely manner may result in a $100 fine. A 10% penalty may be imposed if compensation benefits are not paid on time.
Who is exempt from Mississippi Workers’ Compensation insurance?
Exempt employees include:
- Domestic and farm laborers.
- Employees of non-profit fraternal, charitable, religious or cultural organizations.
Independent contractors are typically exempt. However, there are some exceptions for employees of subcontractors.
Federal employees and some transportation and maritime employees are covered by federal compensation laws.
If an employer with five or more employees wishes to be exempt from Mississippi workers’ comp coverage requirements, they may apply to become self-insured.
The employer’s application must demonstrate their financial ability to pay all compensation required by MS workers’ compensation law.
The law states that two or more employers may pool their liabilities to form a self-insured group as long as their self-insurance applications are all approved by the Mississippi Workers’ Compensation Co6mmission and they are members of the same association or trade group.
How NEXT helps Mississippi small business owners
NEXT offers an easy way to get a free workers’ compensation insurance quote, purchase coverage and instantly share a certificate of insurance in about 10 minutes.
NEXT strives to resolve every claim quickly. Learn more about our claims process and how our claims advocates will work with you after an employee injury.
Start a free instant quote with NEXT.