Workers' compensation; revise amount allowed for disability or death cases.

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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 80

AN ACT TO AMEND SECTION 71-3-13, MISSISSIPPI CODE OF 1972, TO 1
INCREASE THE WORKERS' COMPENSATION ALLOWED FOR DISABILITY OR DEATH 2
CASES FROM SIXTY-SIX AND TWO-THIRDS PERCENT TO ONE HUNDRED PERCENT 3
OF THE AVERAGE WEEKLY WAGE FOR THE STATE PER WEEK; TO AMEND 4
SECTIONS 71-3-17 AND 71-3-21, MISSISSIPPI CODE OF 1972, TO CONFORM 5
TO THE PRECEDING SECTION; TO AMEND SECTION 71-3-25, MISSISSIPPI 6
CODE OF 1972, TO REVISE WHO IS ELIGIBLE TO RECEIVE A DEATH BENEFIT 7
AMOUNT AND PAYMENT; TO CONFORM TO THE PRECEDING SECTIONS; AND FOR 8
RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 71-3-13, Mississippi Code of 1972, is 11
amended as follows: 12
71-3-13. (1) Compensation for disability or in death cases 13
shall not exceed * * * one hundred percent (100%) of the average 14
weekly wage for the state per week, nor shall it be less than 15
Twenty-five Dollars ($25.00) per week except in partial dependency 16
cases and in partial disability cases. 17
(2) Maximum recovery: The total recovery of 18
compensation * * * under this chapter, exclusive of medical 19
payments under Section 71-3-15, arising from the injury to an 20
employee or the death of an employee, or any combination of such 21
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injury or death, shall not exceed the multiple of four hundred 22
fifty (450) weeks times * * * one hundred percent (100%) of the 23
average weekly wage for the state. 24
SECTION 2. Section 71-3-17, Mississippi Code of 1972, is 25
amended as follows: 26
71-3-17. Compensation for disability shall be paid to the 27
employee as follows: 28
(a) Permanent total disability: In case of total 29
disability adjudged to be permanent, * * * one hundred percent 30
(100%) of the average weekly wages of the injured employee, 31
subject to the maximum limitations as to weekly benefits as set up 32
in this chapter, shall be paid to the employee not to exceed four 33
hundred fifty (450) weeks or an amount greater than the multiple 34
of four hundred fifty (450) weeks times * * * one hundred percent 35
(100%) of the average weekly wage for the state. Loss of both 36
hands, or both arms, or both feet, or both legs, or both eyes, or 37
of any two (2) thereof shall constitute permanent total 38
disability. In all other cases, permanent total disability shall 39
be determined in accordance with the facts. 40
(b) Temporary total disability: In case of disability, 41
total in character but temporary in quality, * * * one hundred 42
percent (100%) of the average weekly wages of the injured 43
employee, subject to the maximum limitations as to weekly benefits 44
as set up in this chapter, shall be paid to the employee during 45
the continuance of such disability not to exceed four hundred 46
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fifty (450) weeks or an amount greater than the multiple of four 47
hundred fifty (450) weeks times * * * one hundred percent (100%) 48
of the average weekly wage for the state. * * * However, if there 49
arises a conflict in medical opinions of whether or not the 50
claimant has reached maximum medical recovery and the claimant's 51
benefits have been terminated by the carrier, then the claimant 52
may demand an immediate hearing before the commissioner upon five 53
(5) days' notice to the carrier for a determination by the 54
commission of whether or not in fact the claimant has reached 55
maximum recovery. 56
(c) Permanent partial disability: In case of 57
disability partial in character but permanent in quality, the 58
compensation shall be * * * one hundred percent (100%) of the 59
average weekly wages of the injured employee, subject to the 60
maximum limitations as to weekly benefits as set up in this 61
chapter, which shall be paid following compensation for temporary 62
total disability paid in accordance with paragraph (b) of this 63
section, and shall be paid to the employee as follows: 64
Member Lost Number Weeks Compensation 65
(1) Arm 200 66
(2) Leg 175 67
(3) Hand 150 68
(4) Foot 125 69
(5) Eye 100 70
(6) Thumb 60 71
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(7) First finger 35 72
(8) Great toe 30 73
(9) Second finger 30 74
(10) Third finger 20 75
(11) Toe other than great toe 10 76
(12) Fourth finger 15 77
(13) Testicle, one 50 78
(14) Testicle, both 150 79
(15) Breast, female, one 50 80
(16) Breast, female, both 150 81
(17) Loss of hearing: Compensation for loss of 82
hearing of one (1) ear, forty (40) weeks. Compensation for loss 83
of hearing of both ears, one hundred fifty (150) weeks. 84
(18) Phalanges: Compensation for loss of more 85
than one (1) phalange of a digit shall be the same as for loss of 86
the entire digit. Compensation for loss of the first phalange 87
shall be one-half (1/2) of the compensation for loss of the entire 88
digit. 89
(19) Amputated arm or leg: Compensation for an 90
arm or leg, if amputated at or above wrist or ankle, shall be for 91
the loss of the arm or leg. 92
(20) Binocular vision or percent of vision: 93
Compensation for loss of binocular vision or for eighty percent 94
(80%) or more of the vision of an eye shall be the same as for 95
loss of the eye. 96
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(21) Two (2) or more digits: Compensation for 97
loss of two (2) or more digits, or one * * * or more phalanges of 98
two (2) or more digits, of a hand or foot may be proportioned to 99
the loss of the use of the hand or foot occasioned thereby, but 100
shall not exceed the compensation for loss of a hand or foot. 101
(22) Total loss of use: Compensation for 102
permanent total loss of use of a member shall be the same as for 103
loss of the member. 104
(23) Partial loss or partial loss of use: 105
Compensation for permanent partial loss or loss of use of a member 106
may be for proportionate loss or loss of use of the member. 107
(24) Disfigurement: The commission, in its 108
discretion, is authorized to award proper and equitable 109
compensation for serious facial or head disfigurements not to 110
exceed Five Thousand Dollars ($5,000.00). No such award shall be 111
made until a lapse of one (1) year from the date of the injury 112
resulting in such disfigurement. 113
(25) Other cases: In all other cases in this 114
class of disability, the compensation shall be * * * one hundred 115
percent (100%) of the difference between his average weekly wages, 116
subject to the maximum limitations as to weekly benefits as set up 117
in this chapter, and his wage-earning capacity thereafter in the 118
same employment or otherwise, payable during the continuance of 119
such partial disability, but subject to reconsideration of the 120
degree of such impairment by the commission on its own motion or 121
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upon application of any party in interest. Such payments shall in 122
no case be made for a longer period than four hundred fifty (450) 123
weeks. 124
(26) In any case in which there shall be a loss 125
of, or loss of use of, more than one (1) member or parts of more 126
than one (1) member set forth in subparagraphs (1) through (23) of 127
this paragraph (c), not amounting to permanent total disability, 128
the award of compensation shall be for the loss of, or loss of use 129
of, each such member or parts thereof, which awards shall run 130
consecutively, except that where the injury affects only two (2) 131
or more digits of the same hand or foot, subparagraph (21) of this 132
paragraph (c) shall apply. 133
SECTION 3. Section 71-3-21, Mississippi Code of 1972, is 134
amended as follows: 135
71-3-21. In case of temporary partial disability resulting 136
in decrease of earning capacity, there shall be paid to the 137
injured employee * * * one hundred percent (100%) of the 138
difference between the injured employee's average weekly wages 139
before the injury and his wage-earning capacity after the injury 140
in the same or other employment, subject to the maximum 141
limitations as to weekly benefits as set up in this chapter, 142
payable during the continuance of such disability but in no case 143
exceeding four hundred fifty (450) weeks or an amount greater than 144
the multiple of four hundred fifty (450) weeks times * * * one 145
hundred percent (100%) of the average weekly wage for the state. 146
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SECTION 4. Section 71-3-25, Mississippi Code of 1972, is 147
amended as follows: 148
71-3-25. If the injury causes death, the compensation shall 149
be known as a death benefit and shall be payable in the amount and 150
to or for the benefit of the persons following: 151
(a) An immediate lump-sum payment of One Thousand 152
Dollars ($1,000.00) to the surviving spouse or next of kin, in 153
addition to other compensation benefits. 154
(b) Reasonable funeral expenses not exceeding Five 155
Thousand Dollars ($5,000.00) exclusive of other burial insurance 156
or benefits. 157
(c) If there * * * is a surviving spouse or next of kin 158
and no child of the deceased, to * * * the surviving spouse or 159
next of kin, thirty-five percent (35%) of the average wages of the 160
deceased during widowhood or dependent widowhood and, if 161
there * * * is a surviving child or children of the deceased, the 162
additional amount of ten percent (10%) of such wages for 163
each * * * child. In case of the death or remarriage of * * * the 164
surviving spouse, any surviving child of the deceased employee 165
shall have his compensation increased to fifteen percent (15%) of 166
such wages, provided that the total amount payable shall in no 167
case exceed * * * one hundred percent (100%) of such wages, 168
subject to the maximum limitations as to weekly benefits as set up 169
in this chapter. The commission may, in its discretion, require 170
the appointment of a guardian for the purpose of receiving the 171
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compensation of a minor dependent. In the absence of such a 172
requirement, the appointment of a guardian for such purposes shall 173
not be necessary, provided that if no legal guardian * * * is 174
appointed, payment to the natural guardian shall be sufficient. 175
(d) If there be a surviving child or children of the 176
deceased but no surviving spouse or next of kin, then for the 177
support of each * * * child twenty-five percent (25%) of the wages 178
of the deceased, provided that the aggregate shall in no case 179
exceed * * * one hundred percent (100%) of such wages, subject to 180
the maximum limitations as to weekly benefits as set up in this 181
chapter. 182
(e) If there * * * is no surviving spouse or next of 183
kin or child, or if the amount payable to a surviving spouse and 184
to children shall be less in the aggregate than * * * one hundred 185
percent (100%) of the average wages of the deceased, subject to 186
the maximum limitations as to weekly benefits as set up in this 187
chapter, then for the support of grandchildren or brothers and 188
sisters, if dependent upon the deceased at the time of the injury, 189
fifteen percent (15%) of such wages for the support of each * * * 190
person; and for the support of each parent or grandparent of the 191
deceased, if dependent upon him at the time of injury, fifteen 192
percent (15%) of such wages during such dependency. But in no 193
case shall the aggregate amount payable under this subsection 194
exceed the difference between * * * one hundred percent (100%) of 195
such wages and the amount payable as * * * provided in this 196
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ST: Workers' compensation; revise amount
allowed for disability or death cases.
section to the surviving spouse or next of kin and for the support 197
of a surviving child or children, subject to the maximum 198
limitations as to weekly benefits as set up in this chapter. 199
(f) The total weekly compensation payments to any or 200
all beneficiaries in death cases shall not exceed the weekly 201
benefits as set up in this chapter and shall in no case be paid 202
for a longer period than four hundred fifty (450) weeks or for a 203
greater amount than the multiple of four hundred fifty (450) weeks 204
times * * * one hundred percent (100%) of the average weekly wage 205
for the state. 206
(g) All questions of dependency shall be determined as 207
of the time of the injury. A surviving spouse, child or children 208
shall be presumed to be wholly dependent. All other dependents 209
shall be considered on the basis of total or partial dependence as 210
the facts may warrant. 211
SECTION 5. This act shall take effect and be in force from 212
and after July 1, 2026. 213