Mississippi
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-1. Occupational health and safety program
The state board of health is authorized to establish an occupational health and safety program and is empowered: (a) To employ such qualified personnel as staff to carry out the duties and...
- chapter 1. EMPLOYER AND EMPLOYEE
- § 71-1-3 through 71-1-9. Repealed
Repealed by Laws, 1974, ch. 515, § 2, eff from and after July 1, 1974. § 71-1-3. [Codes, Hemingway's 1917, § 4501; 1930, § 4638; 1942, § 6978; Laws, 1914, ch. 163] § 71-1-5. [Codes,...
- chapter 1. EMPLOYER AND EMPLOYEE
Repealed by Laws, 1972, ch. 374, § 1, eff from and after July 1, 1972. [Codes, Hemingway's 1917, § 4505; 1930, § 4642; 1942, § 6982; Laws, 1914, ch. 7; 1926, ch. 189; 1934, ch. 292] ...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-13. and 71-1-15. Repealed
Repealed by Laws, 1974, ch. 515, § 2, eff from and after July 1, 1974. § 71-1-13. [Codes, Hemingway's 1917, § 4506; 1930, § 4643; 1942, § 6983; Laws, 1916, ch. 95; 1926, ch. 189] §...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-17. Children under fourteen not to work in mills or factories
No boy or girl under the age of fourteen years shall be employed or permitted to work in any mill, cannery, workshop, factory, or manufacturing establishment within this state. ...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-19. Child labor in accord with school attendance
It shall be unlawful for any person, firm, or corporation to employ, detain, or permit to work in any mill, cannery, workshop, factory, or manufacturing establishment in this state any child under...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-21. Regulating hours of labor
No boy or girl over fourteen (14) years of age and under sixteen years shall be permitted to work in any mill, cannery, workshop, factory, or manufacturing establishment more than eight (8) hours...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-23. Sheriff to enforce law
It shall be the special duty of the sheriff of the county in which the mill, cannery, workshop, factory, or manufacturing establishment employing child labor is located to visit, at least once...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-25. County health officer to inspect
It shall be the duty of the county health officer to visit, without notice of his intention to do so, all mills, canneries, workshops, factories, or manufacturing establishments employing child...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-27. Misdemeanor to fail or refuse to obey order of officer
Any officer, manager, or superintendent of any mill, cannery, workshop, factory, or manufacturing establishment in which child labor is employed who shall fail or refuse to give true and correct...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-29. Misdemeanor to violate child labor laws
Any person, firm, or corporation, or the superintendent or any officer of the mill, cannery, workshop, factory, or manufacturing establishment employing any child, or permitting any child to be...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-31. Certain canneries excepted
The provisions of sections 71-1-17 to 71-1-29 shall not apply to fruit or vegetable canneries. ...
- chapter 1. EMPLOYER AND EMPLOYEE
Repealed by Laws, 1981, ch. 310, § 1, eff from and after passage (approved March 2, 1981). [Codes, Hemingway's 1917, § 4527; 1930, § 4653; 1942, § 6993; Laws, 1914, ch. 165] ...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-35. Pay of employees twice a month
(1) Every corporation, company, association, partnership and individual person engaged in manufacturing of any kind in this state employing as many as fifty (50) or more employees and employing...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-37. Discounting trade checks prohibited
Every person, company, association, partnership, manufacturing company, or railroad company now existing or hereafter organized in this state engaged in employing labor for manufacturing purposes,...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-41. Employee trust plan
A trust of real or personal property, or real and personal property combined, created either heretofore or hereafter by an employer as part of a pension plan, disability or death benefit plan, or...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-43. Income or principal of employee trust plan not to be encumbered
The income or principal payable to a beneficiary or beneficiaries under any trust created by an employer as part of a pension plan, disability or death benefit plan, profit-sharing plan, or under...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-45. Assignment or pledge of wages
No assignment or pledge of wages, in any form, made or executed directly or collaterally in the payment of, or as security for, the purchase of or contract to purchase any goods, wares, or...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-47. Denial or abridgment of work
It is hereby declared to be the public policy of Mississippi that the right of a person or persons to work shall not be denied or abridged on account of membership or non-membership in any labor...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-49. Certain persons prohibited from labor management functions
(1) No person who is an alien, or who is or has been a member of the Communist Party, or who has been convicted of or served any part of a prison term resulting from his conviction of robbery,...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-53. Penalty for violation of this chapter
Any corporation or person or manager of any company or partnership who violates any of the provisions of this chapter for which a penalty is not otherwise provided shall be guilty of a misdemeanor...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-1. Citation; purpose; construction
This chapter shall be known and cited as Workers' Compensation Law, and shall be administered by the workers' compensation commission, hereinafter referred to as the commission, cooperating...
- chapter 3. WORKERS' COMPENSATION
Unless the context otherwise requires, the definitions which follow govern the construction and meaning of the terms used in this chapter: (a) Person includes an individual, firm, voluntary...
- chapter 3. WORKERS' COMPENSATION
The following shall constitute employers subject to the provisions of this chapter: Every person, firm and private corporation, including any public service corporation but excluding,...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-7. Liability for payment of compensation
Compensation shall be payable for disability or death of an employee from injury or occupational disease arising out of and in the course of employment, without regard to fault as to the cause of...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-9. Exclusiveness of liability
The liability of an employer to pay compensation shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents,...
- chapter 3. WORKERS' COMPENSATION
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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-13. Maximum and minimum recovery
(1) Compensation for disability or in death cases shall not exceed sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state per week, nor shall it be less than...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-15. Medical services and supplies
(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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-17. Compensation for disability
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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-21. Temporary partial disability
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...
- chapter 3. WORKERS' COMPENSATION
In all cases of claim for hernia, it shall be shown by a preponderance of the evidence: (a) That the descent or protrusion of the hernia or rupture immediately followed as the result of sudden...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-25. Compensation for death
If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following: (a) An immediate lump sum...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-29. Compromise, commutation, and lump sum payments
Rules of the commission shall govern compromise payments where the prescribed schedules are not applicable and which, in its discretion, may be made in cases where it is not possible to determine...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-31. Determination of wages
Except as otherwise specifically provided, the basis for compensation under this chapter shall be the average weekly wages earned by the employee at the time of the injury, such wages to be...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-33. Guardian for minor or incompetent
The commission may require the appointment by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to receive...
- chapter 3. WORKERS' COMPENSATION
(1) No claim for compensation shall be maintained unless, within thirty (30) days after the occurrence of the injury, actual notice was received by the employer or by an officer, manager, or...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-37. Payment of compensation
(1) Compensation under this chapter shall be paid periodically, promptly, in the usual manner, and directly to the person entitled thereto, without an award except where liability to pay...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-38. Special workers' compensation account for payment
While acting as a self-insurer as authorized by Section 71-3-5, the state highway commission is authorized and empowered to establish and maintain, from funds made available upon requisition from...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-41. Invalid agreements
No agreement by an employee to pay any portion of premium paid by his employer or to contribute to a benefit fund or department maintained by such employer for the purpose of providing...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-43. Assignment and exemption from claims of creditors
No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid; and such compensation and benefits shall...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-45. Compensation a lien against assets
Any person entitled to compensation under the provisions of this chapter shall have a lien against the assets of the carrier or employer for such compensation without limit of amount, and shall,...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-47. Determination for claims for compensation
Except as otherwise provided by this chapter, the details of practice and procedure in the settlement and adjudication of claims shall be determined by rules of the commission, the text of which...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-49. Enforcement of payment in default
(1) In case of default by the employer in the payment of any compensation due under an award for the period of thirty (30) days after payment is due and payable or, where the employer has failed...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-51. Court review of compensation award
The final award of the commission shall be conclusive and binding unless either party to the controversy shall, within thirty (30) days from the date of its filing in the office of the commission...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-53. Continuing jurisdiction of the commission
Upon its own initiative or upon the application of any party in interest on the ground of a change in conditions or because of a mistake in a determination of fact, the commission may, at any time...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-55. Procedure before the commission
(1) In making an investigation or inquiry or conducting a hearing, the commission shall not be bound by common law or statutory rules of evidence or by technical or formal rules or procedure,...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-57. Witnesses and their fees
The commission shall regulate, by rules published and available to the parties, the summoning, attendance, use, and compensation of witnesses, and determine the qualifications of specialists and...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-59. Costs in proceedings brought without reasonable ground; penalties for pursuit of frivolous claim
(1) If the court having jurisdiction of proceedings in respect of any claim or compensation order determined that the proceedings in respect of such claim or order have been instituted or...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-61. Procedural authority of the commission
(1) The commission and its hearing officers shall have power to preserve and enforce order during hearings; to issue subpoenas for, to administer oaths to, and to compel the attendance and...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-63. Fees for legal and other services
(1) No claim for legal services or for any other services rendered in respect of a claim or award for compensation, to or on account of any person, shall be valid unless approved by the commission...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-66. Confidentiality of records
The noncontroverted case medical reports, rehabilitation counselor reports and psychological reports of the commission, insofar as they refer to accidents, injuries and settlements, shall not be...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-67. Reports of injuries
(1) Within ten (10) days after the fatal termination of any injury, the employer, if self-insured, or its carrier, shall file a report thereof with the commission on a form approved by the...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-69. Penalty for misrepresentation
Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining or wrongfully withholding any benefit or payment under this chapter is guilty of a...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-71. Compensation for injuries where third parties are liable
The acceptance of compensation benefits from or the making of a claim for compensation against an employer or insurer for the injury or death of an employee shall not affect the right of the...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-75. Security for payment of compensation
(1) Insurance of liability. An employer liable under this chapter to pay compensation shall insure payment of such compensation by a carrier authorized to insure such liability in this...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-77. Insurance policy regulations
(1) Every contract for the insurance of the compensation herein provided, or against liability therefor, shall be deemed to be made subject to the provisions of this chapter, and provisions...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-79. Acceptance of premium by carrier and estoppel
Acceptance of a premium on a policy securing to an employee compensation, either alone or in connection with other insurance, shall estop the carrier so accepting from pleading that the employment...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-81. Notice of coverage
Every employer who has secured compensation under the provisions of this chapter shall keep notices posted in a conspicuous place or places in and about his place or places of business, in...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-83. Civil and criminal penalties for failure to secure payment of compensation
(1) Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation is guilty of a misdemeanor and, upon conviction thereof, shall be punished...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-85. Workers' compensation commission
(1) There is hereby created a commission to be known as the workmen's compensation commission, consisting of three (3) members, who shall devote their entire time to the duties of the office. The...
- chapter 3. WORKERS' COMPENSATION
Members of the commission shall give bond in the sum of ten thousand dollars ($ 10,000.00) of a surety company authorized to do business in the state, for the faithful performance of their duties....
- chapter 3. WORKERS' COMPENSATION
The commission shall have a seal for authentication of its orders, awards, and proceedings, upon which shall be inscribed the words workmen's compensation commission-Mississippi-seal, and it...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-91. Traveling expenses
Commissioners and employees of the commission shall receive their necessary traveling expenses and costs of subsistence while traveling on official business and away from their designated station....
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-93. Administrative staff
The commission shall appoint such officers and employees as are necessary adequately to administer the Workers' Compensation Law, including not more than eight (8) administrative judges to be...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-97. Administration expense fund
(1) There is hereby established in the state treasury a special fund for the purpose of providing for the payment of all expenses in respect to the administration of this chapter. Such fund shall...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-99. Budget and collection procedure
(1) The commission shall estimate annually in advance the amounts necessary for the administration of this chapter, in the following manner: (a) The commission shall, as soon as practicable...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-100. Payment and deposit in state treasury of funds received by commission
All funds received by the workmen's compensation commission, as established by Section 71-3-85 et seq., shall be paid to the state treasurer, who shall issue receipts therefor and who shall...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-101. Registration of insurance companies
Each insurance company and all other carriers which desire to write workmen's compensation insurance in compliance with this chapter shall be required, before writing such insurance, to register...
- chapter 3. WORKERS' COMPENSATION
The commission shall each calendar year make a report to the governor upon the operation of this chapter, including suggestions and recommendations as to improvements in the law and...
- chapter 3. WORKERS' COMPENSATION
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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-107. Compensation and death benefits for minors illegally employed
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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-109. Extra-territorial application
(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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-111. Mississippi Workers' Compensation Assigned Risk Plan; commissioner's duties and responsibilities; temporary joint underwriting association
(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...
- chapter 3. WORKERS' COMPENSATION
Repealed by Laws, 1990, ch 405, § 60, eff from and after July 1, 1990. [Laws, 1979, ch. 301, § 48; 1982, ch. 473, § 58] ...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-117. Review and evaluation of alternative systems of workers' compensation; expenses; recommendations
(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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-119. Workers' Compensation Advisory Council; qualifications; appointment; compensation; expenses; purpose; reports
(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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-121. Safety programs; employer policies for drug and alcohol testing; use of test results
The Commissioner of Insurance shall promulgate such rules and regulations as to require each insurer to establish a safety program for the health and benefit of the employees of the insured...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-123. Report of commissioner on assigned risk plan and safety programs
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 Laws, 1992, ch. 577 to...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-125. Workers' compensation claims offices; provision of same services by contract; waiver
(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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-129. Child and spousal support liens placed upon workers' compensation
(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...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
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. ...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-153. Purpose and application
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...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-155. Workers' compensation self-insurer guaranty association law to be liberally construed
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. ...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
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) Association means the...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-161. Board of directors of association
(1) The board of directors of the association shall consist of not less than five (5) nor more than nine (9) persons, serving terms as established in the plan of operation. The members of the...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-163. Powers, duties and obligations of the association
(1) The association shall: (a) Be obligated to the extent of the covered claims existing prior to the determination of insolvency and arising within thirty (30) days after the determination of...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-165. Plan of operation of association
(1) The 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...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-167. Duties and powers of the commission
(1) The commission shall: (a) Notify the association of the existence of an insolvent self-insurer not later than three (3) days after he receives notice of the determination of the insolvency....
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-169. Assignment of rights under workers' compensation law to association; claims by association against insolvent self-insurer
(1) Any person recovering under Sections 71-3-151 through 71-3-181 shall be deemed to have assigned his rights under the Workers' Compensation Law to the association to the extent of his recovery...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-173. Examination of association members; powers and duties of the board of directors; detection and prevention of insolvency of members of association
To aid in the detection and prevention of self-insurer insolvencies: (a) The board of directors may, upon majority vote, request that the commission order an examination of any member...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-175. Association subject to examination; annual financial report
The association shall be subject to examination and regulation by the commission. The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-177. Association exempt from fees and taxes
The 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. ...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-179. Immunity from liability
There shall be no liability on the part of and no cause of action of any nature shall arise against any member self-insurer, the association, its agents or employees, the board of directors, or...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-181. Stay of proceedings involving insolvent self-insurer
All proceedings in which the insolvent self-insurer is a party or is obligated to defend a party in any court in this state shall be stayed for sixty (60) days from the date the insolvency is...
- chapter 3. WORKERS' COMPENSATION
- DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT
- 71-3-203. Legislative Intent
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...
- chapter 3. WORKERS' COMPENSATION
- DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT
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...
- chapter 3. WORKERS' COMPENSATION
- DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT
- 71-3-209. Elements of drug-free workplace program
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...
- chapter 3. WORKERS' COMPENSATION
- DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT
- 71-3-211. Employer's written policy statement on substance abuse
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...
- chapter 3. WORKERS' COMPENSATION
- DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT
- 71-3-215. Education program on alcohol and drug abuse
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...
- chapter 3. WORKERS' COMPENSATION
- DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT
- 71-3-217. Training of supervisory personnel
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...
- chapter 3. WORKERS' COMPENSATION
- DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT
- 71-3-219. Confidentiality of results of substance abuse program
(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...
- chapter 3. WORKERS' COMPENSATION
- DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT
- 71-3-221. Failure of employer to establish substance abuse program
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...
- chapter 3. WORKERS' COMPENSATION
- DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT
- 71-3-223. Relation to other laws
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...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 71-5-1. Citation and purpose
This chapter shall be known and may be cited as the Mississippi Employment Security Law. The purpose of the law is to promote employment security by increasing opportunities for placement...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 71-5-5. Suspension under federal conditions
The legislature hereby finds and declares that the existence and continued operation of a federal tax upon employers, against which some portion of the contributions required under this chapter...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 71-5-7. Suspension under state conditions
If at any time the provisions of this chapter requiring the payment of contributions and benefits shall be held invalid under the constitution of this state by the supreme court of this state or...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 71-5-9. Refunds upon termination
Refunds provided under Sections 71-5-5 and 71-5-7 shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of moneys in their...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 71-5-13. Reciprocal arrangements
(1) The commission is hereby authorized to enter into arrangements with the appropriate agencies of other states or the federal government, whereby individuals performing services in this and...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 71-5-15. Non-liability of state
Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the unemployment...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 71-5-17. Representation in court
(1) In any civil action to enforce the provisions of this chapter, the commission, the board of review, and the state may be represented by any qualified attorney who is employed by the commission...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 71-5-19. Penalties; reciprocity with other states in collection of overpayment of benefits
(1) Whoever makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this chapter...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
There shall be a commission of three members to be known as the Mississippi Employment Security Commission. One member of said commission shall be a representative of employees. The members of the...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
The commission shall meet on the second Friday of each calendar month and on such additional days as the business of the commission may require. Any two commissioners shall constitute a quorum. No...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
The compensation of the chairman of the Mississippi Employment Security Commission shall be six thousand one hundred fifty dollars ($ 6,150.00) per annum and the compensation of the other members...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-107. Executive officer
The commission shall administer this chapter through a full-time salaried executive director, to be appointed by the commission. He shall act as secretary of the commission, and shall be...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-109. Board of review
There is hereby created a board of review consisting of three members to be appointed by the commission. The commission shall designate one member of the board of review as chairman. Each member...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-112. Funds to clear through state treasury; laws governing expenditures
All funds received by the Mississippi Employment Security Commission shall clear through the state treasury as provided and required by Sections 71-5-111 and 71-5-453. All expenditures from the...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-113. Funds received from the Social Security Board
All moneys received from the Social Security Board or its successors for the administration of this chapter shall be expended solely for the purposes and in the amounts found necessary by the...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-114. Special employment security administration fund
There is hereby created in the state treasury a special fund, to be known as the special employment security administration fund, into which shall be deposited or transferred all interest,...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-115. Duties and powers of commission
It shall be the duty of the commission to administer this chapter; and it shall have the power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-117. Regulations and general rules
General rules may be adopted, amended, or rescinded by the commission only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
The commission shall cause to be printed for distribution to the public the text of this chapter, its regulations and general rules, its reports to the governor, and any other material it deems...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-125. Promotion of employment
The commission, with the advice and aid of its advisory councils, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-127. Records and reports
Each employing unit shall keep true and accurate work records, containing such information as the commission may prescribe. Such records shall be open to inspection and be subject to being copied...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-129. Destruction of useless records
Records hereinafter designated, which are found by The Mississippi Employment Security Commission to be useless, may be disposed of in accordance with approved records control schedules. (a)...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-131. Privileged communications
All letters, reports, communications, or any other matters, either oral or written, from the employer or employee to each other or to the commission or any of its agents, representatives, or...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-135. Failure to make reports
If any employing unit fails to make any report required by this chapter, the commission or its authorized agents shall give written notice by mail to such employing unit to make and file such...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-137. Oaths and witnesses
In the discharge of the duties imposed by this chapter, the commission, any referee, the members of the board of review, and any duly authorized representative of any of them shall have power to...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
In case of contumacy or refusal to obey a subpoena issued to any person, any court in this state within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-141. Protection against self-incrimination
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the commission, the board of review, any referee, or...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 3. EMPLOYMENT SECURITY COMMISSION
- 71-5-143. State-federal cooperation
In the administration of this chapter, the commission shall cooperate, to the fullest extent consistent with the provisions of this chapter, with the Social Security Board created by the Social...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 5. EMPLOYMENT SERVICE
- 71-5-201. State employment service
The Mississippi State Employment Service is hereby established in the Mississippi Employment Security Commission. The commission, in the conduct of such service, shall establish and maintain free...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 5. EMPLOYMENT SERVICE
All moneys received by this state under the said act of Congress, as amended, shall be paid into the employment security administration fund. Said moneys are hereby made available to the...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-351. Payment of contributions
Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to this chapter. Such contributions shall become due and be paid by each employer to...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-353. Rate of contributions
(1) Each employer shall pay contributions equal to five and four-tenths percent (5.4%) of taxable wages paid by him each calendar year, except as may be otherwise provided in Section 71-5-361 and...
- chapter 5. UNEMPLOYMENT COMPENSATION
(1) As used in this section, the following words and phrases shall have the following meanings, unless the context clearly requires otherwise: (a) Tax year means any period beginning on...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-357. Regulations governing nonprofit organizations
Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this section. For the purpose of this section, a nonprofit organization is an...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-359. Regulations governing state boards, instrumentalities, and political subdivisions
(1) (a) Before January 1, 1978, each state board or other instrumentality of this state or one or more other states covered under Section 71-5-11, subsection H(3), shall pay contributions under...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-361. Period, election, and termination
(1) Except as provided in subsection (3) of this section, any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be deemed to be an employer...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-363. Interest on past due contributions
Contributions unpaid on the date on which they are due and payable shall bear interest at the rate of one percent (1%) per month from and after such date until payment plus accrued interest is...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-365. Failure to make reports and pay contributions
If any employer fails to make and file any report as and when required by the terms and provisions of this chapter or by any rule or regulation of the commission for the purpose of determining the...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-367. Collection by warrant
If an employer shall file a report in proper form and in proper amount, but shall fail to pay the amount of contributions shown to be due thereby at the time of such filing, or if an employer...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-369. Jeopardy assessment and warrant
If the commission has just cause to believe and does believe that the collection of contributions from an employer will be jeopardized by delay, it may assess such contributions immediately,...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-373. Defaulting employer
An employer liable for contributions under the provisions of this chapter who fails to make and file his returns and reports as required, or who fails to pay any contributions when due under the...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-375. Contributions a lien
The contributions required by this chapter shall be a lien upon the property of any employer subject to its provisions who shall sell out his business or stock of goods, or who shall quit...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-377. Priorities under legal dissolutions or distributions
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for benefit of creditors,...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-379. Collection by suit
If, after due notice, an employer defaults in any payment of contributions or interest thereon, the amount due may be collected by civil action in the name of the commission, and this remedy shall...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-381. No injunction allowed to restrain collection
No injunction shall be awarded by any court or judge to restrain the collection of contributions required by this chapter or to restrain the enforcement of this chapter. The provisions of section...
- chapter 5. UNEMPLOYMENT COMPENSATION
The commission is authorized and empowered to refund, without interest, such contributions, interest, and penalties as it may determine were paid erroneously by an employer, or may make or...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 7. CONTRIBUTIONS
- 71-5-387. Contributions to the unemployment compensation fund by certain Indian tribes under Federal Unemployment Tax Act
(1) Indian tribe(s) as defined in Section 3306(u) of the Federal Unemployment Tax Act (FUTA), which includes any subdivision, subsidiary or business enterprise wholly owned by such Indian...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 9. UNEMPLOYMENT COMPENSATION FUND
- 71-5-451. Establishment and control
There is hereby established as a special fund, separate and apart from all public moneys or funds of this state, an unemployment compensation fund, which shall be administered by the commission...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 9. UNEMPLOYMENT COMPENSATION FUND
- 71-5-453. Accounts and deposits
The state treasurer shall be the ex officio treasurer and custodian of the fund, and shall administer such fund in accordance with the directions of the commission, and shall issue his warrants...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 9. UNEMPLOYMENT COMPENSATION FUND
Monies shall be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits and in accordance with regulations prescribed by the commission, except...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 9. UNEMPLOYMENT COMPENSATION FUND
- 71-5-457. Unemployment trust fund used for payment of administrative expenses
(1) Except as otherwise provided in subsection (5), money credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 9. UNEMPLOYMENT COMPENSATION FUND
- 71-5-459. Management of funds upon discontinuance of unemployment trust fund
The provisions of Sections 71-5-451 to 71-5-459, to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment trust fund continues to exist...
- chapter 5. UNEMPLOYMENT COMPENSATION
Wages earned for services defined in Section 71-5-11(I)(15)(g), irrespective of when performed, shall not be included for purposes of determining eligibility under Section 71-5-511(e) or weekly...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-503. Weekly benefit amount
An individual's weekly benefit amount for a benefit year shall be one-twenty-sixth (1/26) of his total wages for insured work paid during that quarter of his base period in which such total wages...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-505. Weekly compensation for unemployment
(1) For weeks beginning on or after July 1, 1991, each eligible individual who is totally unemployed or part totally unemployed in any week shall be paid with respect to such week a benefit in an...
- chapter 5. UNEMPLOYMENT COMPENSATION
Any otherwise eligible individual shall be entitled during any benefit year to a total amount of regular benefits equal to twenty-six (26) times his weekly benefit amount or one-third (1/3) of his...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-509. Seasonal workers
(1) For the purposes of this section, cotton ginning and professional baseball only are classified as seasonal industries. (2) The term seasonal worker means an individual who is employed in a...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-511. Eligibility conditions
An unemployed individual shall be eligible to receive benefits with respect to any week only if the commission finds that: (a) (i) He has registered for work at and thereafter has continued to...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-513. Disqualifications
A. An individual shall be disqualified for benefits: (1) (a) For the week, or fraction thereof, which immediately follows the day on which he left work voluntarily without good cause, if so...
- chapter 5. UNEMPLOYMENT COMPENSATION
Claims for benefits shall be made in accordance with such regulations as the commission may prescribe. Each employer shall post and maintain in places readily accessible to individuals in his...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-516. Disclosure of child support obligations on claim for benefits; deduction and withholding from benefit
(1) An individual filing a new claim for benefits shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as defined under subsection (7). If...
- chapter 5. UNEMPLOYMENT COMPENSATION
Unless such appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or reverse the findings of fact and initial...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-521. Appeal tribunals
To hear and decide appealed claims, the board of review shall appoint one or more impartial appeal tribunals consisting in each case of either a referee, who shall be selected in accordance with...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-523. Board of review
The board of review may on its own motion affirm, modify, or set aside any decision of an appeal tribunal on the basis of the evidence previously submitted in such case, or direct the taking of...
- chapter 5. UNEMPLOYMENT COMPENSATION
Witnesses subpoenaed pursuant to Sections 71-5-515 to 71-5-533 shall be allowed fees at a rate fixed by the commission. Such fees shall be deemed a part of the expense of administering this...
- chapter 5. UNEMPLOYMENT COMPENSATION
Within ten (10) days after the decision of the board of review has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action, in the circuit court of the...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-533. Appeal by commission
The commission shall be authorized to appeal from decisions of the board of review involving questions of interpretation of this chapter. Such appeals shall be served upon the other parties to the...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-535. Waiver of rights void
Any agreement by an individual to waive, release, or commute his right to benefits or any other rights under this chapter shall be void. Any agreement by any individual in the employ of any person...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-537. Limitation of fees
No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the board of review, the commission, their representatives, or by any court or any officer...
- chapter 5. UNEMPLOYMENT COMPENSATION
- ARTICLE 11. BENEFITS
- 71-5-539. No assignment of benefits; exemptions
Any assignment, pledge or incumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. Such rights to benefits shall be exempt from levy,...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
As used in this chapter, the following terms shall have the meaning ascribed to them herein unless the context requires otherwise: (a) Confirmation test means a drug and alcohol test on a...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-3. Election of employer to conduct alcohol testing voluntary; furnishing by employers of written policy statements on drug and alcohol use prior to implementation of testing; dissemination; standard language; notification of job applicants; signing of statements regarding testing policies by applicants or employees; testing of government employees, applicants, and elected officials
(1) For the purposes of this chapter, the election of a public or private employer to conduct alcohol testing is voluntary. If an employer elects voluntarily to follow this chapter, the employer...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-5. Conduct of testing generally; authorized types of tests
(1) Except as otherwise provided in Section 71-7-27, all drug and alcohol testing conducted by employers shall be in conformity with the standards established in this section, other applicable...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-7. Neutral selection drug and alcohol testing; routine testing; testing of employees participating in rehabilitation
(1) Subject to the provisions of this chapter and any applicable collective bargaining agreement or contract, any nongovernment employer may require as a condition of employment or as a condition...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-9. Collection, storage and transportation of specimens; time of testing; rights of employees upon receipt of positive results; discharge, discipline, etc., of employees generally; payment of costs of testing
(1) The collection of specimens shall be performed under reasonable and sanitary conditions. Individual dignity shall be preserved to the extent practicable. (2) Specimens shall be collected in a...
- chapter generally
- 71-7-13. Designation of employee or applicant as handicapped due to test result; discharge, discipline, etc., of employee on basis of test result or refusal to submit; construction and application of chapter generally
(1) An employee or job applicant whose drug and alcohol test result is confirmed as positive in accordance with the provisions of this chapter shall not, by virtue of the result alone, be defined...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-15. Confidentiality of information related to drug and alcohol testing; discharge or discipline of employee for refusal to consent to authorized release of information
(1) All information, interviews, reports, statements, memoranda and test results, written or otherwise, received by the employer through its drug and alcohol testing program are confidential...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
Repealed by Laws, 2002, ch. 432, § 5, eff from and after July 1, 2002. [Laws, 1991, ch. 610, § 9; reenacted and codified, 1994, ch. 323, § 9, eff from and after passage (approved March 14,...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-19. Disclosure and contents of laboratory test result reports
(1) A laboratory shall disclose to the employer a written test result report within five (5) working days after the test. (2) All laboratory reports of a test result shall, at a minimum, state:...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-21. Promulgation of rules by State Board of Health
The State Board of Health shall adopt rules concerning: (a) Standards for drug and alcohol testing laboratory certification, suspension and revocation of certification; (b) Body specimens...
- chapter authorized; award of attorney fees
- 71-7-23. Civil actions for damages and injunctive relief for violations of chapter authorized; award of attorney fees
(1) A person alleging a violation of this chapter may bring an action for injunction relief or damages, or both. (2) For the purposes of this chapter, damages shall be limited to the recovery of...
- chapter by employer; presumption as to validity of test results; actions for defamation, etc
- 71-7-25. Limitation period for civil actions for violations of chapter; relief available; effect of compliance with chapter by employer; presumption as to validity of test results; actions for defamation, etc
(1) Upon an alleged violation of the provisions of this chapter, a person must institute a civil action in a court of competent jurisdiction within one (1) year of the alleged violation or the...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-27. Procedure for and effect of election to conduct testing policy or program; procedure for rescission of election; effect of failure to make election or rescission of election
(1) A private employer may affirmatively elect to conduct an employee drug and alcohol testing policy or program pursuant to the provisions of this chapter. Such election shall be made by...
- chapter to employers subject to federal testing laws
- 71-7-29. Application of chapter to employers subject to federal testing laws
This chapter shall not apply to any employer who is subject to federal law or federal regulations governing the administering of drug and alcohol tests to any of its employees or applicants for...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-31. Private employer establishing testing program not deemed agent or instrument of the state
A private employer shall not, by virtue of establishing or implementing a program for drug and alcohol testing in accordance with this chapter or otherwise, be deemed to be an agent or instrument...
- chapter 7. DRUG AND ALCOHOL TESTING OF EMPLOYEES
- 71-7-33. Requirement of abstention from use of tobacco products during nonworking hours as condition of employment prohibited
It shall be unlawful for any public or private employer to require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during...
- chapter 9. MEDICAL SAVINGS ACCOUNT ACT
This chapter shall be known and may be cited as the Medical Savings Account Act. ...
- chapter 9. MEDICAL SAVINGS ACCOUNT ACT
- 71-9-5. Authority to establish medical savings account; limits on deductible amounts contributed to account; interest earned on account excluded from gross income
(1) Each employer shall be permitted to offer voluntarily the following programs: (a) Continued coverage under the employer's existing health coverage policy, certificate or contract; or (b)...
- chapter 9. MEDICAL SAVINGS ACCOUNT ACT
- 71-9-7. Use of funds in account; distribution of funds in account upon death of account holder
(1) Except as otherwise provided in Section 71-9-9 of this chapter, an account administrator shall use the funds held in a medical savings account solely for the purpose of paying eligible medical...
- chapter 9. MEDICAL SAVINGS ACCOUNT ACT
- 71-9-9. Withdrawals from account by account holder
Unencumbered funds that have accumulated in a medical savings account that are in excess of the higher deductible may be withdrawn by the account holder for purposes other than paying eligible...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-1. Occupational health and safety program
The state board of health is authorized to establish an occupational health and safety program and is empowered: (a) To employ such qualified personnel as staff to carry out the duties and...
- chapter 1. EMPLOYER AND EMPLOYEE
Repealed by Laws, 1972, ch. 374, § 1, eff from and after July 1, 1972. [Codes, Hemingway's 1917, § 4505; 1930, § 4642; 1942, § 6982; Laws, 1914, ch. 7; 1926, ch. 189; 1934, ch. 292] ...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-13. and 71-1-15. Repealed
Repealed by Laws, 1974, ch. 515, § 2, eff from and after July 1, 1974. § 71-1-13. [Codes, Hemingway's 1917, § 4506; 1930, § 4643; 1942, § 6983; Laws, 1916, ch. 95; 1926, ch. 189] §...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-17. Children under fourteen not to work in mills or factories
No boy or girl under the age of fourteen years shall be employed or permitted to work in any mill, cannery, workshop, factory, or manufacturing establishment within this state. ...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-19. Child labor in accord with school attendance
It shall be unlawful for any person, firm, or corporation to employ, detain, or permit to work in any mill, cannery, workshop, factory, or manufacturing establishment in this state any child under...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-21. Regulating hours of labor
No boy or girl over fourteen (14) years of age and under sixteen years shall be permitted to work in any mill, cannery, workshop, factory, or manufacturing establishment more than eight (8) hours...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-23. Sheriff to enforce law
It shall be the special duty of the sheriff of the county in which the mill, cannery, workshop, factory, or manufacturing establishment employing child labor is located to visit, at least once...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-25. County health officer to inspect
It shall be the duty of the county health officer to visit, without notice of his intention to do so, all mills, canneries, workshops, factories, or manufacturing establishments employing child...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-27. Misdemeanor to fail or refuse to obey order of officer
Any officer, manager, or superintendent of any mill, cannery, workshop, factory, or manufacturing establishment in which child labor is employed who shall fail or refuse to give true and correct...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-29. Misdemeanor to violate child labor laws
Any person, firm, or corporation, or the superintendent or any officer of the mill, cannery, workshop, factory, or manufacturing establishment employing any child, or permitting any child to be...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-31. Certain canneries excepted
The provisions of sections 71-1-17 to 71-1-29 shall not apply to fruit or vegetable canneries. ...
- chapter 1. EMPLOYER AND EMPLOYEE
Repealed by Laws, 1981, ch. 310, § 1, eff from and after passage (approved March 2, 1981). [Codes, Hemingway's 1917, § 4527; 1930, § 4653; 1942, § 6993; Laws, 1914, ch. 165] ...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-35. Pay of employees twice a month
(1) Every corporation, company, association, partnership and individual person engaged in manufacturing of any kind in this state employing as many as fifty (50) or more employees and employing...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-39. Trade checks must be paid in cash
All persons, firms, or corporations engaged in manufacturing and issuing trade checks, coupons, or other instruments of writing in payment for labor shall, on or after the regular pay day, cash...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-41. Employee trust plan
A trust of real or personal property, or real and personal property combined, created either heretofore or hereafter by an employer as part of a pension plan, disability or death benefit plan, or...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-43. Income or principal of employee trust plan not to be encumbered
The income or principal payable to a beneficiary or beneficiaries under any trust created by an employer as part of a pension plan, disability or death benefit plan, profit-sharing plan, or under...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-45. Assignment or pledge of wages
No assignment or pledge of wages, in any form, made or executed directly or collaterally in the payment of, or as security for, the purchase of or contract to purchase any goods, wares, or...
- chapter 1. EMPLOYER AND EMPLOYEE
- 71-1-47. Denial or abridgment of work
It is hereby declared to be the public policy of Mississippi that the right of a person or persons to work shall not be denied or abridged on account of membership or non-membership in any labor...
- chapter 1. EMPLOYER AND EMPLOYEE
Repealed by Laws, 1974, ch. 500, § 21, eff from and after passage (approved April 2, 1974). [Codes, 1942, § 6998; Laws, 1934, ch. 295] ...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-1. Citation; purpose; construction
This chapter shall be known and cited as Workers' Compensation Law, and shall be administered by the workers' compensation commission, hereinafter referred to as the commission, cooperating...
- chapter 3. WORKERS' COMPENSATION
Unless the context otherwise requires, the definitions which follow govern the construction and meaning of the terms used in this chapter: (a) Person includes an individual, firm, voluntary...
- chapter 3. WORKERS' COMPENSATION
The following shall constitute employers subject to the provisions of this chapter: Every person, firm and private corporation, including any public service corporation but excluding,...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-7. Liability for payment of compensation
Compensation shall be payable for disability or death of an employee from injury or occupational disease arising out of and in the course of employment, without regard to fault as to the cause of...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-9. Exclusiveness of liability
The liability of an employer to pay compensation shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents,...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-13. Maximum and minimum recovery
(1) Compensation for disability or in death cases shall not exceed sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state per week, nor shall it be less than...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-17. Compensation for disability
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...
- chapter 3. WORKERS' COMPENSATION
In all cases of claim for hernia, it shall be shown by a preponderance of the evidence: (a) That the descent or protrusion of the hernia or rupture immediately followed as the result of sudden...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-25. Compensation for death
If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following: (a) An immediate lump sum...
- chapter 3. WORKERS' COMPENSATION
Compensation under this chapter to aliens not residents (or about to become nonresidents) of the United States or Canada shall be in the same amount as provided for residents, except that...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-29. Compromise, commutation, and lump sum payments
Rules of the commission shall govern compromise payments where the prescribed schedules are not applicable and which, in its discretion, may be made in cases where it is not possible to determine...
- chapter 3. WORKERS' COMPENSATION
(1) No claim for compensation shall be maintained unless, within thirty (30) days after the occurrence of the injury, actual notice was received by the employer or by an officer, manager, or...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-37. Payment of compensation
(1) Compensation under this chapter shall be paid periodically, promptly, in the usual manner, and directly to the person entitled thereto, without an award except where liability to pay...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-41. Invalid agreements
No agreement by an employee to pay any portion of premium paid by his employer or to contribute to a benefit fund or department maintained by such employer for the purpose of providing...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-43. Assignment and exemption from claims of creditors
No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid; and such compensation and benefits shall...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-45. Compensation a lien against assets
Any person entitled to compensation under the provisions of this chapter shall have a lien against the assets of the carrier or employer for such compensation without limit of amount, and shall,...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-47. Determination for claims for compensation
Except as otherwise provided by this chapter, the details of practice and procedure in the settlement and adjudication of claims shall be determined by rules of the commission, the text of which...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-51. Court review of compensation award
The final award of the commission shall be conclusive and binding unless either party to the controversy shall, within thirty (30) days from the date of its filing in the office of the commission...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-53. Continuing jurisdiction of the commission
Upon its own initiative or upon the application of any party in interest on the ground of a change in conditions or because of a mistake in a determination of fact, the commission may, at any time...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-55. Procedure before the commission
(1) In making an investigation or inquiry or conducting a hearing, the commission shall not be bound by common law or statutory rules of evidence or by technical or formal rules or procedure,...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-57. Witnesses and their fees
The commission shall regulate, by rules published and available to the parties, the summoning, attendance, use, and compensation of witnesses, and determine the qualifications of specialists and...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-59. Costs in proceedings brought without reasonable ground; penalties for pursuit of frivolous claim
(1) If the court having jurisdiction of proceedings in respect of any claim or compensation order determined that the proceedings in respect of such claim or order have been instituted or...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-63. Fees for legal and other services
(1) No claim for legal services or for any other services rendered in respect of a claim or award for compensation, to or on account of any person, shall be valid unless approved by the commission...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-65. Record of injury or death
Every employer shall keep a record in respect of any injury to an employee. Such record shall contain such information of disability or death in respect of such injury as the commission may by...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-66. Confidentiality of records
The noncontroverted case medical reports, rehabilitation counselor reports and psychological reports of the commission, insofar as they refer to accidents, injuries and settlements, shall not be...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-67. Reports of injuries
(1) Within ten (10) days after the fatal termination of any injury, the employer, if self-insured, or its carrier, shall file a report thereof with the commission on a form approved by the...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-69. Penalty for misrepresentation
Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining or wrongfully withholding any benefit or payment under this chapter is guilty of a...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-71. Compensation for injuries where third parties are liable
The acceptance of compensation benefits from or the making of a claim for compensation against an employer or insurer for the injury or death of an employee shall not affect the right of the...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-73. Second injury fund
If an employee who has previously lost, or lost the use of, one (1) hand, one (1) arm, one (1) foot, one (1) leg, or one (1) eye, becomes permanently and totally incapacitated through the loss, or...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-75. Security for payment of compensation
(1) Insurance of liability. An employer liable under this chapter to pay compensation shall insure payment of such compensation by a carrier authorized to insure such liability in this...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-79. Acceptance of premium by carrier and estoppel
Acceptance of a premium on a policy securing to an employee compensation, either alone or in connection with other insurance, shall estop the carrier so accepting from pleading that the employment...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-81. Notice of coverage
Every employer who has secured compensation under the provisions of this chapter shall keep notices posted in a conspicuous place or places in and about his place or places of business, in...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-83. Civil and criminal penalties for failure to secure payment of compensation
(1) Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation is guilty of a misdemeanor and, upon conviction thereof, shall be punished...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-85. Workers' compensation commission
(1) There is hereby created a commission to be known as the workmen's compensation commission, consisting of three (3) members, who shall devote their entire time to the duties of the office. The...
- chapter 3. WORKERS' COMPENSATION
Members of the commission shall give bond in the sum of ten thousand dollars ($ 10,000.00) of a surety company authorized to do business in the state, for the faithful performance of their duties....
- chapter 3. WORKERS' COMPENSATION
The commission shall have a seal for authentication of its orders, awards, and proceedings, upon which shall be inscribed the words workmen's compensation commission-Mississippi-seal, and it...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-93. Administrative staff
The commission shall appoint such officers and employees as are necessary adequately to administer the Workers' Compensation Law, including not more than eight (8) administrative judges to be...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-95. Payment of operating expense
(1) The commission shall make such expenditures as may be necessary for the adequate administration of this chapter, including salaries and traveling expense, the cost of personal services, office...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-97. Administration expense fund
(1) There is hereby established in the state treasury a special fund for the purpose of providing for the payment of all expenses in respect to the administration of this chapter. Such fund shall...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-99. Budget and collection procedure
(1) The commission shall estimate annually in advance the amounts necessary for the administration of this chapter, in the following manner: (a) The commission shall, as soon as practicable...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-101. Registration of insurance companies
Each insurance company and all other carriers which desire to write workmen's compensation insurance in compliance with this chapter shall be required, before writing such insurance, to register...
- chapter 3. WORKERS' COMPENSATION
The commission shall each calendar year make a report to the governor upon the operation of this chapter, including suggestions and recommendations as to improvements in the law and...
- chapter 3. WORKERS' COMPENSATION
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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-107. Compensation and death benefits for minors illegally employed
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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-109. Extra-territorial application
(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...
- chapter 3. WORKERS' COMPENSATION
Repealed by Laws, 1990, ch 405, § 60, eff from and after July 1, 1990. [Laws, 1979, ch. 301, § 48; 1982, ch. 473, § 58] ...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-115. Medical Advisory Board; appointment; qualifications; expenses; recommendations
(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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-117. Review and evaluation of alternative systems of workers' compensation; expenses; recommendations
(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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-119. Workers' Compensation Advisory Council; qualifications; appointment; compensation; expenses; purpose; reports
(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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-121. Safety programs; employer policies for drug and alcohol testing; use of test results
The Commissioner of Insurance shall promulgate such rules and regulations as to require each insurer to establish a safety program for the health and benefit of the employees of the insured...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-125. Workers' compensation claims offices; provision of same services by contract; waiver
(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...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-127. Use of arbitrators to resolve disputes
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. ...
- chapter 3. WORKERS' COMPENSATION
- GENERAL PROVISIONS
- 71-3-129. Child and spousal support liens placed upon workers' compensation
(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...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
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. ...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
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) Association means the...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-159. Workers' compensation self-insurer guaranty association
There is created a nonprofit unincorporated legal entity to be known as the Mississippi Workers' Compensation Self-insurer Guaranty Association. All self-insurers shall be and remain members of...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-161. Board of directors of association
(1) The board of directors of the association shall consist of not less than five (5) nor more than nine (9) persons, serving terms as established in the plan of operation. The members of the...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-163. Powers, duties and obligations of the association
(1) The association shall: (a) Be obligated to the extent of the covered claims existing prior to the determination of insolvency and arising within thirty (30) days after the determination of...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-165. Plan of operation of association
(1) The 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...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-167. Duties and powers of the commission
(1) The commission shall: (a) Notify the association of the existence of an insolvent self-insurer not later than three (3) days after he receives notice of the determination of the insolvency....
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-169. Assignment of rights under workers' compensation law to association; claims by association against insolvent self-insurer
(1) Any person recovering under Sections 71-3-151 through 71-3-181 shall be deemed to have assigned his rights under the Workers' Compensation Law to the association to the extent of his recovery...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-171. Recovery under another insurance guaranty association
Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW
- 71-3-173. Examination of association members; powers and duties of the board of directors; detection and prevention of insolvency of members of association
To aid in the detection and prevention of self-insurer insolvencies: (a) The board of directors may, upon majority vote, request that the commission order an examination of any member...
- chapter 3. WORKERS' COMPENSATION
- MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIA