Wage Payments

Mississippi

If your injury prevents you from working, you may qualify for lost-wage compensation. In most cases this is a percentage of your average weekly wage (AWW), which is based on the wages you earned during the 52 full weeks prior to your accident. If you have worked less than fifty-two full weeks prior to your accident, then your AWW will be calculated based on then number of weeks you have worked.

Lost-wage compensation is subject to a five-day waiting period. This means that for the first five calendar days of your claim, you will not immediately be paid lost-wage compensation. However, if you are out of work for more than 14 days, you will then be paid for the five-day waiting period. Your first wage compensation check should be issued within 14 days of your injury or from the last day you worked.

Keep in mind that there is a maximum weekly benefit mandated by the state. This number depends on your date of accident and changes periodically, so check with your adjustor.

Below are the most common types of wage benefits and the methods used to calculate them. If your claim is classified in one of the categories below, your benefits will be paid as described. Because Mississippi’s workers’ comp law provides for many different scenarios, this is not an all-inclusive list. Depending on your situation, your claim may provide you with different benefits.

Temporary Total Disability

This means you are completely disabled, but are expected to recover and return to work. In this instance, you will receive 66⅔ percent of your AWW, until you return to work, or reach maximum medical improvement from your work injury. Benefits may continue in this category for up to 450 weeks.

Temporary Partial Disability

In this case, you are still limited by your injury, and have not reached maximum medical improvement, but have returned to work in some capacity. If your new job pays less than your previous one, you are entitled to temporary partial disability benefits. You will be paid 66⅔ percent of the difference between your AWW before your injury and your actual weekly earnings after your injury. Benefits may continue in this category for up to 450 week.

Permanent Partial Disability

Generally, permanent partial disability means that you are permanently disabled, but still able to return to work in some capacity. The benefits you receive are based on the severity of your injury. Mississippi law lists dozens of different types of injuries and specifies the benefits due for each of these in terms of the number of weeks of compensation due.

Permanent Total Disability

This means that you are completely disabled as defined by state statute and are not able to return to work in any capacity. In this case, your workers’ comp benefits will normally be 66⅔ percent of your AWW, and may be paid for up to 450 weeks.

Death Benefits

If a worker dies as a result of a work-related accident, dependents may receive workers’ comp benefits. Heirs are eligible for a one-time funeral expense payment up to $2,000. A widowed spouse, with no dependent children, is usually entitled to 35 percent of the deceased worker’s AWW until remarriage or death. If there are also dependent children, the benefit rises 10 percent per child, up to a maximum of 66 ⅔ percent of the worker’s AWW. All death benefits, including those for a widowed spouse, are limited to payment for 450 weeks. Other dependents may also be entitled to benefits, as listed in Mississippi statute. Summit claims adjustors specially trained in these types of claims will work with the employer to determine what benefits are due.

Back to Top