A workplace injury can completely change your life in an instant. Medical appointments, missed wages and the recovery process are all things that injured workers have to deal with. The last thing they want to think about is paperwork and deadlines, but in Mississippi, even missing one filing deadline can prevent them from receiving benefits they are entitled to. It is essential for injured workers to understand these crucial timelines, as it is not optional.
At Gregory D. Keenum PA, we have helped injured workers in Mississippi navigate the workers’ compensation system for nearly 49 years. This guide will help you understand the key deadlines you need to be aware of in order to protect your claim.
How Mississippi Workers’ Compensation Works
The Mississippi workers’ compensation system is governed by the Mississippi Workers’ Compensation Law (Miss. Code Ann. § 71-3-1 et seq.). This law requires most employers with five or more regularly employed workers to carry workers’ compensation insurance. The law provides benefits such as medical treatment, temporary disability payments, permanent disability awards, and vocational rehabilitation services for workers who are injured on the job.
The system is managed by the Mississippi Workers’ Compensation Commission (MWCC), which handles claims, hearings, and appeals. Understanding how to communicate with the Commission and when to do so is essential for your case.
Deadline #1: Report Your Injury to Your Employer — Within 30 Days
Under Miss. Code Ann § 71-3-35, if an employee suffers an injury, they must provide written notice to their employer within 30 days of the incident, or the date they became aware or should have been aware that the injury was work-related.
Failing to notify your employer within the specified timeframe may result in the denial of your claim. Verbal notification is not usually enough – always follow it up with written notice and keep a copy for your records. There may be exceptions under certain circumstances, such as when the employer was aware of the injury, but you should not rely on those exceptions to protect your rights.
Deadline #2: File Your Claim With the MWCC — Within 2 Years
The statute of limitations for filing a workers’ compensation claim in Mississippi is two years from the date of injury or the last payment of compensation, whichever occurs later. This is in accordance with Miss. Code Ann. § 71-3-35.
This two-year period may seem like a generous timeframe, but it can disappear faster than most injured workers expect, especially when you are focusing on recovery. If you have not settled your claim through voluntary compensation payments from your employer’s insurance company, you must file a petition to contest with the MWCC before the deadline expires.
Occupational Diseases: A Different Timeline
If your injury is the result of an occupational disease, such as repetitive stress injuries, hearing loss, or respiratory conditions caused by workplace exposure, the two-year statute of limitations usually starts from the date when you knew or should have known that your condition was related to your work and employment. According to Miss. Code Ann. § 71-3-37, these cases can be more complex and often require early legal advice.
What Happens If You Miss a Deadline?
Missing either the 30-day notice requirement or the two-year filing deadline can lead to the complete loss of workers’ compensation benefits. Mississippi courts have consistently enforced these deadlines, leaving injured workers without any legal recourse. The procedural rules of MWCC leave little room for error.
Do Not Navigate This Alone
The workers’ compensation system in Mississippi is full of procedural traps that can delay even legitimate claims. Insurance companies are well-versed in these rules and rely on injured workers not being aware of them.
If you have suffered an injury at work, please do not hesitate to contact Gregory D. Keenum, PA, today for a consultation. We will help you protect your right to the benefits that you deserve.