Workers' Compensation Law; prohibit compensation when injury is caused by employee's willful breach of safety rule.

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To: Business and Commerce
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Bell (21st)

HOUSE BILL NO. 635

AN ACT TO AMEND SECTION 71-3-7, MISSISSIPPI CODE OF 1972, TO 1
CREATE AN EXCEPTION TO THE REQUIREMENT THAT COMPENSATION BE PAID 2
FOR THE DEATH OR DISABILITY OF AN EMPLOYEE UNDER THE WORKERS' 3
COMPENSATION LAW WHENEVER THE INJURY WAS CAUSED BY THE EMPLOYEE'S 4
WILLFUL BREACH OF A REASONABLE SAFETY RULE COMMUNICATED TO AND 5
KNOWN BY THE EMPLOYEE; TO REQUIRE THE EMPLOYER OR CARRIER TO BEAR 6
THE BURDEN OF PROOF AND DEMONSTRATE CERTAIN FACTS WHENEVER THIS 7
EXCEPTION IS ASSERTED AS A DEFENSE TO PAYING COMPENSATION; AND FOR 8
RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 71-3-7, Mississippi Code of 1972, is 11
amended as follows: 12
71-3-7. (1) Compensation shall be payable for disability or 13
death of an employee from injury or occupational disease arising 14
out of and in the course of employment, without regard to fault as 15
to the cause of the injury or occupational disease. An 16
occupational disease shall be deemed to arise out of and in the 17
course of employment when there is evidence that there is a direct 18
causal connection between the work performed and the occupational 19
disease. In all claims in which no benefits, including 20
disability, death and medical benefits, have been paid, the 21
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claimant shall file medical records in support of his claim for 22
benefits when filing a petition to controvert. If the claimant is 23
unable to file the medical records in support of his claim for 24
benefits at the time of filing the petition to controvert because 25
of a limitation of time established by Section 71-3-35 or Section 26
71-3-53, the claimant shall file medical records in support of his 27
claim within sixty (60) days after filing the petition to 28
controvert. 29
(2) Where a preexisting physical handicap, disease, or 30
lesion is shown by medical findings to be a material contributing 31
factor in the results following injury, the compensation which, 32
but for this subsection, would be payable shall be reduced by that 33
proportion which such preexisting physical handicap, disease, or 34
lesion contributed to the production of the results following the 35
injury. The preexisting condition does not have to be 36
occupationally disabling for this apportionment to apply. 37
(3) The following provisions shall apply to subsections (1) 38
and (2) of this section: 39
(a) Apportionment shall not be applied until the 40
claimant has reached maximum medical recovery. 41
(b) The employer or carrier does not have the power to 42
determine the date of maximum medical recovery or percentage of 43
apportionment. This must be done by the attorney-referee, subject 44
to review by the commission as the ultimate finder of fact. 45
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(c) After the date the claimant reaches maximum medical 46
recovery, weekly compensation benefits and maximum recovery shall 47
be reduced by that proportion which the preexisting physical 48
handicap, disease, or lesion contributes to the results following 49
injury. 50
(d) If maximum medical recovery has occurred before the 51
hearing and order of the attorney-referee, credit for excess 52
payments shall be allowed in future payments. Such allowances and 53
method of accomplishment of the same shall be determined by the 54
attorney-referee, subject to review by the commission. However, 55
no actual repayment of such excess shall be made to the employer 56
or carrier. 57
(4) No compensation shall be payable if: 58
(a) The use of drugs illegally, or the use of a valid 59
prescription medication(s) taken contrary to the prescriber's 60
instructions and/or contrary to label warnings, or the use of 61
medical cannabis in accordance with the Mississippi Medical 62
Cannabis Act and rules and regulations adopted thereunder, or 63
intoxication due to the use of alcohol of the employee was the 64
proximate cause of the injury * * *; 65
(b) It was the willful intention of the employee to 66
injure or kill himself or another * * *; or 67
(c) The injury was proximately caused by the employee's 68
willful breach of a reasonable safety rule or regulation adopted 69
by the employer and brought, before the accident, to the 70
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ST: Workers' Compensation Law; prohibit
compensation when injury is caused by employee's
willful breach of safety rule.
employee's knowledge. The employer or carrier has the burden of 71
proof on a defense asserted under this paragraph (c) and must 72
demonstrate that the safety rule or regulation was: 73
(i) Written and clearly stated; 74
(ii) Communicated to and acknowledged by the 75
employee before the accident, including evidence of training or 76
certification; and 77
(iii) Reasonable and directly related to injury 78
prevention in the performance of the employee's duties. 79
(5) Every employer to whom this chapter applies shall be 80
liable for and shall secure the payment to his employees of the 81
compensation payable under * * * this chapter. 82
(6) In the case of an employer who is a subcontractor, the 83
contractor shall be liable for and shall secure the payment of 84
such compensation to employees of the subcontractor, unless the 85
subcontractor has secured such payment. 86
SECTION 2. This act shall take effect and be in force from 87
and after July 1, 2026. 88