Workers' compensation; increase maximum total recovery and remove cap on permanent total disability compensation.

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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2343

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 AN EMPLOYEE MAY RECOVER UNDER THE WORKERS' 3
COMPENSATION LAW; TO PROVIDE THAT COMPENSATION FOR PERMANENT TOTAL 4
DISABILITY SHALL BE PAID TO THE EMPLOYEE UNTIL HIS DEATH; AND FOR 5
RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 71-3-13, Mississippi Code of 1972, is 8
amended as follows: 9
71-3-13. (1) Compensation for disability or in death cases 10
shall not exceed sixty-six and two-thirds percent (66-2/3%) of the 11
average weekly wage for the state per week, nor shall it be less 12
than Twenty-five Dollars ($25.00) per week except in partial 13
dependency cases and in partial disability cases. 14
(2) Maximum recovery: The total recovery of compensation 15
hereunder, exclusive of medical payments under Section 71-3-15, 16
and compensation for permanent total disability under Section 17
71-3-17(a), arising from the injury to an employee or the death of 18
an employee, or any combination of such injury or death, shall not 19
exceed the multiple of * * * five hundred twenty (520) weeks times 20
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sixty-six and two-thirds percent (66-2/3%) of the average weekly 21
wage for the state. 22
SECTION 2. Section 71-3-17, Mississippi Code of 1972, is 23
amended as follows: 24
71-3-17. Compensation for disability shall be paid to the 25
employee as follows: 26
(a) Permanent total disability: In case of total 27
disability adjudged to be permanent, sixty-six and two-thirds 28
percent (66-2/3%) of the average weekly wages of the injured 29
employee * * * shall be paid to the employee * * * until his 30
death. Loss of both hands, or both arms, or both feet, or both 31
legs, or both eyes, or of any two (2) thereof shall constitute 32
permanent total disability. In all other cases, permanent total 33
disability shall be determined in accordance with the facts. 34
(b) Temporary total disability: In case of disability, 35
total in character but temporary in quality, sixty-six and 36
two-thirds percent (66-2/3%) of the average weekly wages of the 37
injured employee, subject to the maximum limitations as to weekly 38
benefits as set up in this chapter, shall be paid to the employee 39
during the continuance of such disability not to exceed four 40
hundred fifty (450) weeks or an amount greater than the multiple 41
of four hundred fifty (450) weeks times sixty-six and two-thirds 42
percent (66-2/3%) of the average weekly wage for the state. 43
Provided, however, if there arises a conflict in medical opinions 44
of whether or not the claimant has reached maximum medical 45
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recovery and the claimant's benefits have been terminated by the 46
carrier, then the claimant may demand an immediate hearing before 47
the commissioner upon five (5) days' notice to the carrier for a 48
determination by the commission of whether or not in fact the 49
claimant has reached maximum recovery. 50
(c) Permanent partial disability: In case of 51
disability partial in character but permanent in quality, the 52
compensation shall be sixty-six and two-thirds percent (66-2/3%) 53
of the average weekly wages of the injured employee, subject to 54
the maximum limitations as to weekly benefits as set up in this 55
chapter, which shall be paid following compensation for temporary 56
total disability paid in accordance with paragraph (b) of this 57
section, and shall be paid to the employee as follows: 58
Member Lost Number Weeks Compensation 59
(1) Arm 200 60
(2) Leg 175 61
(3) Hand 150 62
(4) Foot 125 63
(5) Eye 100 64
(6) Thumb 60 65
(7) First finger 35 66
(8) Great toe 30 67
(9) Second finger 30 68
(10) Third finger 20 69
(11) Toe other than great toe 10 70
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(12) Fourth finger 15 71
(13) Testicle, one 50 72
(14) Testicle, both 150 73
(15) Breast, female, one 50 74
(16) Breast, female, both 150 75
(17) Loss of hearing: Compensation for loss of 76
hearing of one (1) ear, forty (40) weeks. Compensation for loss 77
of hearing of both ears, one hundred fifty (150) weeks. 78
(18) Phalanges: Compensation for loss of more 79
than one (1) phalange of a digit shall be the same as for loss of 80
the entire digit. Compensation for loss of the first phalange 81
shall be one-half (1/2) of the compensation for loss of the entire 82
digit. 83
(19) Amputated arm or leg: Compensation for an 84
arm or leg, if amputated at or above wrist or ankle, shall be for 85
the loss of the arm or leg. 86
(20) Binocular vision or percent of vision: 87
Compensation for loss of binocular vision or for eighty percent 88
(80%) or more of the vision of an eye shall be the same as for 89
loss of the eye. 90
(21) Two (2) or more digits: Compensation for 91
loss of two (2) or more digits, or one * * * or more phalanges of 92
two (2) or more digits, of a hand or foot may be proportioned to 93
the loss of the use of the hand or foot occasioned thereby, but 94
shall not exceed the compensation for loss of a hand or foot. 95
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(22) Total loss of use: Compensation for 96
permanent total loss of use of a member shall be the same as for 97
loss of the member. 98
(23) Partial loss or partial loss of use: 99
Compensation for permanent partial loss or loss of use of a member 100
may be for proportionate loss or loss of use of the member. 101
(24) Disfigurement: The commission, in its 102
discretion, is authorized to award proper and equitable 103
compensation for serious facial or head disfigurements not to 104
exceed Five Thousand Dollars ($5,000.00). No such award shall be 105
made until a lapse of one (1) year from the date of the injury 106
resulting in such disfigurement. 107
(25) Other cases: In all other cases in this 108
class of disability, the compensation shall be sixty-six and 109
two-thirds percent (66-2/3%) of the difference between his average 110
weekly wages, subject to the maximum limitations as to weekly 111
benefits as set up in this chapter, and his wage-earning capacity 112
thereafter in the same employment or otherwise, payable during the 113
continuance of such partial disability, but subject to 114
reconsideration of the degree of such impairment by the commission 115
on its own motion or upon application of any party in interest. 116
Such payments shall in no case be made for a longer period 117
than * * * five hundred twenty (520) weeks. 118
(26) In any case in which there shall be a loss 119
of, or loss of use of, more than one (1) member or parts of more 120
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than one (1) member set forth in subparagraphs (1) through (23) of 121
this paragraph (c), not amounting to permanent total disability, 122
the award of compensation shall be for the loss of, or loss of use 123
of, each such member or parts thereof, which awards shall run 124
consecutively, except that where the injury affects only two (2) 125
or more digits of the same hand or foot, subparagraph (21) of this 126
paragraph (c) shall apply. 127
SECTION 3. Section 71-3-21, Mississippi Code of 1972, is 128
amended as follows: 129
71-3-21. In case of temporary partial disability resulting 130
in decrease of earning capacity, there shall be paid to the 131
injured employee sixty-six and two-thirds percent (66-2/3%) of the 132
difference between the injured employee's average weekly wages 133
before the injury and his wage-earning capacity after the injury 134
in the same or other employment, subject to the maximum 135
limitations as to weekly benefits as set up in this chapter, 136
payable during the continuance of such disability but in no case 137
exceeding * * * five hundred twenty (520) weeks or an amount 138
greater than the multiple of * * * five hundred twenty (520) weeks 139
times sixty-six and two-thirds percent (66-2/3%) of the average 140
weekly wage for the state. 141
SECTION 4. Section 71-3-25, Mississippi Code of 1972, is 142
amended as follows: 143
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71-3-25. If the injury causes death, the compensation shall 144
be known as a death benefit and shall be payable in the amount and 145
to or for the benefit of the persons following: 146
(a) An immediate lump-sum payment of One Thousand 147
Dollars ($1,000.00) to the surviving spouse, in addition to other 148
compensation benefits. 149
(b) Reasonable funeral expenses not exceeding Five 150
Thousand Dollars ($5,000.00) exclusive of other burial insurance 151
or benefits. 152
(c) If there be a surviving spouse and no child of the 153
deceased, to such surviving spouse thirty-five percent (35%) of 154
the average wages of the deceased during widowhood or dependent 155
widowhood and, if there be a surviving child or children of the 156
deceased, the additional amount of ten percent (10%) of such wages 157
for each such child. In case of the death or remarriage of such 158
surviving spouse, any surviving child of the deceased employee 159
shall have his compensation increased to fifteen percent (15%) of 160
such wages, provided that the total amount payable shall in no 161
case exceed sixty-six and two-thirds percent (66-2/3%) of such 162
wages, subject to the maximum limitations as to weekly benefits as 163
set up in this chapter. The commission may, in its discretion, 164
require the appointment of a guardian for the purpose of receiving 165
the compensation of a minor dependent. In the absence of such a 166
requirement, the appointment of a guardian for such purposes shall 167
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not be necessary, provided that if no legal guardian be appointed, 168
payment to the natural guardian shall be sufficient. 169
(d) If there be a surviving child or children of the 170
deceased but no surviving spouse, then for the support of each 171
such child twenty-five percent (25%) of the wages of the deceased, 172
provided that the aggregate shall in no case exceed sixty-six and 173
two-thirds percent (66-2/3%) of such wages, subject to the maximum 174
limitations as to weekly benefits as set up in this chapter. 175
(e) If there be no surviving spouse or child, or if the 176
amount payable to a surviving spouse and to children shall be less 177
in the aggregate than sixty-six and two-thirds percent (66-2/3%) 178
of the average wages of the deceased, subject to the maximum 179
limitations as to weekly benefits as set up in this chapter, then 180
for the support of grandchildren or brothers and sisters, if 181
dependent upon the deceased at the time of the injury, fifteen 182
percent (15%) of such wages for the support of each such person; 183
and for the support of each parent or grandparent of the deceased, 184
if dependent upon him at the time of injury, fifteen percent (15%) 185
of such wages during such dependency. But in no case shall the 186
aggregate amount payable under this subsection exceed the 187
difference between sixty-six and two-thirds percent (66-2/3%) of 188
such wages and the amount payable as hereinbefore provided to 189
surviving spouse and for the support of surviving child or 190
children, subject to the maximum limitations as to weekly benefits 191
as set up in this chapter. 192
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ST: Workers' compensation; increase maximum
total recovery and remove cap on permanent total
disability compensation.
(f) The total weekly compensation payments to any or 193
all beneficiaries in death cases shall not exceed the weekly 194
benefits as set up in this chapter and shall in no case be paid 195
for a longer period than * * * five hundred twenty (520) weeks or 196
for a greater amount than the multiple of * * * five hundred 197
twenty (520) weeks times sixty-six and two-thirds percent 198
(66-2/3%) of the average weekly wage for the state. 199
(g) All questions of dependency shall be determined as 200
of the time of the injury. A surviving spouse, child or children 201
shall be presumed to be wholly dependent. All other dependents 202
shall be considered on the basis of total or partial dependence as 203
the facts may warrant. 204
SECTION 5. This act shall take effect and be in force from 205
and after July 1, 2026. 206