Workers' Compensation Law; increase maximum total recovery under to 520 weeks.

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To: Insurance; Business and
Commerce
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Hines

HOUSE BILL NO. 92

AN ACT TO AMEND SECTIONS 71-3-13, 71-3-17, 71-3-21 AND 1
71-3-25, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM TOTAL 2
COMPENSATION THAT A PERSON MAY RECOVER UNDER THE WORKERS' 3
COMPENSATION LAW TO 520 WEEKS; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 71-3-13, Mississippi Code of 1972, is 6
amended as follows: 7
71-3-13. (1) Compensation for disability or in death cases 8
shall not exceed sixty-six and two-thirds percent (66-2/3%) of the 9
average weekly wage for the state per week, nor shall it be less 10
than Twenty-five Dollars ($25.00) per week except in partial 11
dependency cases and in partial disability cases. 12
(2) Maximum recovery: The total recovery of compensation 13
hereunder, exclusive of medical payments under Section 71-3-15, 14
arising from the injury to an employee or the death of an 15
employee, or any combination of such injury or death, shall not 16
exceed the multiple of * * * five hundred twenty (520) weeks times 17
sixty-six and two-thirds percent (66-2/3%) of the average weekly 18
wage for the state. 19
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SECTION 2. Section 71-3-17, Mississippi Code of 1972, is 20
amended as follows: 21
71-3-17. Compensation for disability shall be paid to the 22
employee as follows: 23
(a) Permanent total disability: In case of total 24
disability adjudged to be permanent, sixty-six and two-thirds 25
percent (66-2/3%) of the average weekly wages of the injured 26
employee, subject to the maximum limitations as to weekly benefits 27
as set up in this chapter, shall be paid to the employee not to 28
exceed * * * five hundred twenty (520) weeks or an amount greater 29
than the multiple of * * * five hundred twenty (520) weeks times 30
sixty-six and two-thirds percent (66-2/3%) of the average weekly 31
wage for the state. Loss of both hands, or both arms, or both 32
feet, or both legs, or both eyes, or of any two (2) thereof shall 33
constitute permanent total disability. In all other cases, 34
permanent total disability shall be determined in accordance with 35
the facts. 36
(b) Temporary total disability: In case of disability, 37
total in character but temporary in quality, sixty-six and 38
two-thirds percent (66-2/3%) of the average weekly wages of the 39
injured employee, subject to the maximum limitations as to weekly 40
benefits as set up in this chapter, shall be paid to the employee 41
during the continuance of such disability not to exceed * * * five 42
hundred twenty (520) weeks or an amount greater than the multiple 43
of * * * five hundred twenty (520) weeks times sixty-six and 44
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two-thirds percent (66-2/3%) of the average weekly wage for the 45
state. Provided, however, if there arises a conflict in medical 46
opinions of whether or not the claimant has reached maximum 47
medical recovery and the claimant's benefits have been terminated 48
by the carrier, then the claimant may demand an immediate hearing 49
before the commissioner upon five (5) days' notice to the carrier 50
for a determination by the commission of whether or not in fact 51
the claimant has reached maximum recovery. 52
(c) Permanent partial disability: In case of 53
disability partial in character but permanent in quality, the 54
compensation shall be sixty-six and two-thirds percent (66-2/3%) 55
of the average weekly wages of the injured employee, subject to 56
the maximum limitations as to weekly benefits as set up in this 57
chapter, which shall be paid following compensation for temporary 58
total disability paid in accordance with paragraph (b) of this 59
section, and shall be paid to the employee as follows: 60
Member Lost Number Weeks Compensation 61
(1) Arm 200 62
(2) Leg 175 63
(3) Hand 150 64
(4) Foot 125 65
(5) Eye 100 66
(6) Thumb 60 67
(7) First finger 35 68
(8) Great toe 30 69
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(9) Second finger 30 70
(10) Third finger 20 71
(11) Toe other than great toe 10 72
(12) Fourth finger 15 73
(13) Testicle, one 50 74
(14) Testicle, both 150 75
(15) Breast, female, one 50 76
(16) Breast, female, both 150 77
(17) Loss of hearing: Compensation for loss of 78
hearing of one (1) ear, forty (40) weeks. Compensation for loss 79
of hearing of both ears, one hundred fifty (150) weeks. 80
(18) Phalanges: Compensation for loss of more 81
than one (1) phalange of a digit shall be the same as for loss of 82
the entire digit. Compensation for loss of the first phalange 83
shall be one-half (1/2) of the compensation for loss of the entire 84
digit. 85
(19) Amputated arm or leg: Compensation for an 86
arm or leg, if amputated at or above wrist or ankle, shall be for 87
the loss of the arm or leg. 88
(20) Binocular vision or percent of vision: 89
Compensation for loss of binocular vision or for eighty percent 90
(80%) or more of the vision of an eye shall be the same as for 91
loss of the eye. 92
(21) Two (2) or more digits: Compensation for 93
loss of two (2) or more digits, or one * * * or more phalanges of 94
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two (2) or more digits, of a hand or foot may be proportioned to 95
the loss of the use of the hand or foot occasioned thereby, but 96
shall not exceed the compensation for loss of a hand or foot. 97
(22) Total loss of use: Compensation for 98
permanent total loss of use of a member shall be the same as for 99
loss of the member. 100
(23) Partial loss or partial loss of use: 101
Compensation for permanent partial loss or loss of use of a member 102
may be for proportionate loss or loss of use of the member. 103
(24) Disfigurement: The commission, in its 104
discretion, is authorized to award proper and equitable 105
compensation for serious facial or head disfigurements not to 106
exceed Five Thousand Dollars ($5,000.00). No such award shall be 107
made until a lapse of one (1) year from the date of the injury 108
resulting in such disfigurement. 109
(25) Other cases: In all other cases in this 110
class of disability, the compensation shall be sixty-six and 111
two-thirds percent (66-2/3%) of the difference between his average 112
weekly wages, subject to the maximum limitations as to weekly 113
benefits as set up in this chapter, and his wage-earning capacity 114
thereafter in the same employment or otherwise, payable during the 115
continuance of such partial disability, but subject to 116
reconsideration of the degree of such impairment by the commission 117
on its own motion or upon application of any party in interest. 118
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Such payments shall in no case be made for a longer period than 119
* * * five hundred twenty (520) weeks. 120
(26) In any case in which there shall be a loss 121
of, or loss of use of, more than one (1) member or parts of more 122
than one (1) member set forth in subparagraphs (1) through (23) of 123
this paragraph (c), not amounting to permanent total disability, 124
the award of compensation shall be for the loss of, or loss of use 125
of, each such member or parts thereof, which awards shall run 126
consecutively, except that where the injury affects only two (2) 127
or more digits of the same hand or foot, subparagraph (21) of this 128
paragraph (c) shall apply. 129
SECTION 3. Section 71-3-21, Mississippi Code of 1972, is 130
amended as follows: 131
71-3-21. In case of temporary partial disability resulting 132
in decrease of earning capacity, there shall be paid to the 133
injured employee sixty-six and two-thirds percent (66-2/3%) of the 134
difference between the injured employee's average weekly wages 135
before the injury and his wage-earning capacity after the injury 136
in the same or other employment, subject to the maximum 137
limitations as to weekly benefits as set up in this chapter, 138
payable during the continuance of such disability but in no case 139
exceeding * * * five hundred twenty (520) weeks or an amount 140
greater than the multiple of * * * five hundred twenty (520) weeks 141
times sixty-six and two-thirds percent (66-2/3%) of the average 142
weekly wage for the state. 143
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SECTION 4. Section 71-3-25, Mississippi Code of 1972, is 144
amended as follows: 145
71-3-25. If the injury causes death, the compensation shall 146
be known as a death benefit and shall be payable in the amount and 147
to or for the benefit of the persons following: 148
(a) An immediate lump-sum payment of One Thousand 149
Dollars ($1,000.00) to the surviving spouse, in addition to other 150
compensation benefits. 151
(b) Reasonable funeral expenses not exceeding Five 152
Thousand Dollars ($5,000.00) exclusive of other burial insurance 153
or benefits. 154
(c) If there be a surviving spouse and no child of the 155
deceased, to such surviving spouse thirty-five percent (35%) of 156
the average wages of the deceased during widowhood or dependent 157
widowhood and, if there be a surviving child or children of the 158
deceased, the additional amount of ten percent (10%) of such wages 159
for each such child. In case of the death or remarriage of such 160
surviving spouse, any surviving child of the deceased employee 161
shall have his compensation increased to fifteen percent (15%) of 162
such wages, provided that the total amount payable shall in no 163
case exceed sixty-six and two-thirds percent (66-2/3%) of such 164
wages, subject to the maximum limitations as to weekly benefits as 165
set up in this chapter. The commission may, in its discretion, 166
require the appointment of a guardian for the purpose of receiving 167
the compensation of a minor dependent. In the absence of such a 168
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requirement, the appointment of a guardian for such purposes shall 169
not be necessary, provided that if no legal guardian be appointed, 170
payment to the natural guardian shall be sufficient. 171
(d) If there be a surviving child or children of the 172
deceased but no surviving spouse, then for the support of each 173
such child twenty-five percent (25%) of the wages of the deceased, 174
provided that the aggregate shall in no case exceed sixty-six and 175
two-thirds percent (66-2/3%) of such wages, subject to the maximum 176
limitations as to weekly benefits as set up in this chapter. 177
(e) If there be no surviving spouse or child, or if the 178
amount payable to a surviving spouse and to children shall be less 179
in the aggregate than sixty-six and two-thirds percent (66-2/3%) 180
of the average wages of the deceased, subject to the maximum 181
limitations as to weekly benefits as set up in this chapter, then 182
for the support of grandchildren or brothers and sisters, if 183
dependent upon the deceased at the time of the injury, fifteen 184
percent (15%) of such wages for the support of each such person; 185
and for the support of each parent or grandparent of the deceased, 186
if dependent upon him at the time of injury, fifteen percent (15%) 187
of such wages during such dependency. But in no case shall the 188
aggregate amount payable under this subsection exceed the 189
difference between sixty-six and two-thirds percent (66-2/3%) of 190
such wages and the amount payable as hereinbefore provided to 191
surviving spouse and for the support of surviving child or 192
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ST: Workers' Compensation Law; increase maximum
total recovery under to 520 weeks.
children, subject to the maximum limitations as to weekly benefits 193
as set up in this chapter. 194
(f) The total weekly compensation payments to any or 195
all beneficiaries in death cases shall not exceed the weekly 196
benefits as set up in this chapter and shall in no case be paid 197
for a longer period than * * * five hundred twenty (520) weeks or 198
for a greater amount than the multiple of * * * five hundred 199
twenty (520) weeks times sixty-six and two-thirds percent 200
(66-2/3%) of the average weekly wage for the state. 201
(g) All questions of dependency shall be determined as 202
of the time of the injury. A surviving spouse, child or children 203
shall be presumed to be wholly dependent. All other dependents 204
shall be considered on the basis of total or partial dependence as 205
the facts may warrant. 206
SECTION 5. This act shall take effect and be in force from 207
and after July 1, 2026. 208