Mississippi Workers' Compensation Settlement Calculator
Estimate Mississippi workers' comp — Max Weekly Comp Rate, 5-Day Waiting Period, Second Injury Trust Fund
Mississippi workers' compensation claims are governed by Miss. Code Ann. § 71-3-13 (Max/Min Compensation Rate): Max $654.63/wk (66-2/3% of state AWW, 2026); min $25/wk except in partial dependency/partial disability cases. Of the 4 landmark Mississippi workers' compensation awards documented on this page, the largest is $64K (City of Verona and Mississippi Municipal Workers' Compensation Group v. Moffett — TTD award (180 weeks at $355.83/wk) for a line-of-duty psychiatric injury, plus a separate PPD award for 80% loss of wage-earning capacity; 2024).
🌺 MISSISSIPPI: Max Weekly Comp Rate | 5-Day Waiting Period | Second Injury Trust Fund
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Mississippi Workers' Compensation Law
Mississippi workers' compensation benefits is governed by Miss. Code Ann. § 71-3-13 (Max/Min Compensation Rate): weekly compensation cannot exceed 66-2/3% of the average weekly wage for the state — $654.63/week effective 2026, adjusted annually by the Mississippi Workers' Compensation Commission. The statutory floor is $25/week (except in partial dependency and partial disability cases), a figure that has remained unchanged in the code for years. Total recovery for permanent and total disability is capped at 450 weeks × 66-2/3% of the state AWW — $294,583.50 as of 2026.
Waiting Period (§ 71-3-11): No compensation except medical benefits is paid for the first 5 days of disability, based on a 5-day work week. If disability lasts 14 days or more (the 14 days need not be consecutive), benefits are paid retroactively to the first day of disability — a longer wait and a longer retroactive trigger than most states use.
Exclusiveness of Liability (§ 71-3-9): Workers' comp is the exclusive remedy against the employer — UNLESS the employer failed to secure required workers' compensation coverage, in which case the injured employee may elect between a comp claim or a civil damages suit (with the fellow-servant, assumption-of-risk, and contributory-negligence defenses stripped from the employer). First responders may separately opt to proceed under the Mississippi First Responders Health and Safety Act instead of Chapter 71-3.
Key Mississippi Workers' Compensation Statutes
Mississippi workers' compensation benefits operates under these critical legal rules:
Miss. Code Ann. § 71-3-13
Max/Min Compensation RateStandard: Max $654.63/wk (66-2/3% of state AWW, 2026); min $25/wk except in partial dependency/partial disability cases
Scope: Total recovery for disability/death is capped at 450 weeks × 66-2/3% of the state AWW — $294,583.50 lifetime maximum (2026). The state AWW is redetermined annually by the Commission each October 1 from the prior 12 months of wage data, effective January 1 the following year.
Miss. Code Ann. § 71-3-11
Waiting PeriodStandard: 5-day wait (5-day work week); compensation begins the 6th day of disability
Scope: No compensation except medical benefits for the first 5 days. If disability continues 14 days or more (need not be consecutive), benefits are paid retroactively to the first day — a longer wait and retroactive trigger than most states use.
Miss. Code Ann. § 71-3-17
PPD — Weeks-Based ScheduleStandard: TTD/PTD = 66-2/3% of AWW, max 450 weeks; PPD = fixed weeks per scheduled body part
Scope: Arm 200 wks, leg 175, hand 150, foot 125, eye 100, thumb 60, 1st finger 35, 2nd finger 30, 3rd finger 20, 4th finger 15, hearing loss (one ear) 40 / (both ears) 150, testicle(s) 50/150, breast(s) 50/150, great toe 30, other toe(s) 10, 80% loss of vision 100. Facial/head disfigurement capped at $5,000.
Miss. Code Ann. § 71-3-9
Exclusiveness of LiabilityStandard: Workers' comp is the exclusive remedy against the employer
Scope: Exception: if the employer fails to secure required WC coverage, the injured employee may elect a civil damages suit instead — the employer loses the fellow-servant, assumption-of-risk, and contributory-negligence defenses. First responders may separately elect coverage under the Mississippi First Responders Health and Safety Act instead of Chapter 71-3.
Miss. Code Ann. § 71-3-35
Notice + Statute of LimitationsStandard: 30-day actual notice to employer required; 2-year statute of limitations
Scope: Claim is barred 2 years from date of injury if no compensation has been paid and no petition for benefits filed — tolled by 'payment in lieu of benefits.' A separate 1-year window applies to change-of-condition/mistake-of-fact reopening requests, generally running from the last payment or a properly filed Notice of Final Payment (Form B-31).
Miss. Code Ann. § 71-3-73
Second Injury Trust FundStandard: Fund liability triggers when a worker who previously lost (or lost use of) one hand, arm, foot, leg, or eye becomes permanently and totally incapacitated through loss of a second such member
Scope: Funded by mandatory employer/insurer contributions of $300 per compensable death ($500 if no dependents), paused once the fund exceeds $350,000 and resumed once it drops below $150,000; the Commission has held full assessment authority since fiscal year 2017.
Recovery Structure
Medical treatment (unlimited duration absent a statute-of-limitations bar), lost wages at 66-2/3% of average weekly wage (AWW) subject to the state max/min, permanent impairment awards via the scheduled-member system (or loss-of-wage-earning-capacity for body-as-a-whole injuries), Second Injury Trust Fund contribution for compounding prior-injury claims, death/survivor benefits. No pain and suffering under WC (trade-off of exclusive remedy).
Key Mississippi Doctrines
Notice + Statute of Limitations: 30 days' actual notice to employer required; 2-year statute of limitations from date of injury if no compensation has been paid and no petition filed (tolled by 'payment in lieu of benefits'). Second Injury Trust Fund: compensates employees who become permanently and totally incapacitated through loss of a second scheduled member (hand/arm/foot/leg/eye) after already having lost the first — funded by mandatory per-death employer/insurer contributions.
Damage Structure + Caps
Max weekly comp rate $654.63 (2026), min $25/week (statutory floor), 450-week cap on TTD/TPD/PTD, PPD scheduled-member weeks (arm 200, leg 175, hand 150, foot 125, eye 100, hearing loss one ear 40/both ears 150 — full schedule below), lifetime P&T maximum $294,583.50 (2026).
Mississippi Workers' Compensation Verdicts + Averages
Recent Mississippi workers' compensation benefits outcomes:
| Amount | Year | Case / Injury |
|---|---|---|
| $33K | 2025 | Mueller Industries, Inc. and Stonington Insurance Co. v. Waits — Commission lump-sum wage-loss award for a right arm/shoulder injury, reversed and remanded for recalculation on appeal — Right arm/shoulder — temporary partial disability wage-loss dispute |
| $23K | 2024 | MTD Products, Inc. v. Moore — 25% occupational disability award (50 weeks at $460.36/wk), exceeding the treating physician's 14% medical impairment rating — Left elbow fracture — lateral collateral ligament repair + radial head arthroplasty |
| $35K | 2022 | Howard Industries, Inc. v. Hayes — 38% industrial loss of use award (76 weeks at $463.59/wk) for the claimant's second of two work-related injuries — Right shoulder — repetitive overhead-lifting injury requiring surgery |
| $64K | 2024 | City of Verona and Mississippi Municipal Workers' Compensation Group v. Moffett — TTD award (180 weeks at $355.83/wk) for a line-of-duty psychiatric injury, plus a separate PPD award for 80% loss of wage-earning capacity — PTSD/psychiatric injury — on-duty assault while responding to a domestic-violence call (police officer) |
Mississippi Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in Mississippi for 2026?
The Mississippi 2026 maximum is $654.63/week (Miss. Code Ann. § 71-3-13; 66-2/3% of the state average weekly wage, adjusted annually by the Mississippi Workers' Compensation Commission). Your actual benefit = 66-2/3% of your own AWW, up to this state cap. The statutory minimum is $25/week except in partial dependency/partial disability cases.
How long do I have to report my Mississippi work injury?
Mississippi requires actual notice to your employer within 30 days of the injury (Miss. Code Ann. § 71-3-35) — failing to give timely notice can bar your claim. Your employer separately must file a First Report of Injury with the Commission within 10 days of learning of the injury. Report in writing and keep copies even if you also tell a supervisor verbally.
Can I sue my employer in Mississippi in addition to workers' comp?
Generally NO — workers' comp is 'exclusive remedy' in Mississippi (§ 71-3-9), meaning WC is your only remedy against your employer. The main exception: if your employer failed to secure required workers' comp coverage, you can elect a civil lawsuit instead, and the employer loses the fellow-servant, assumption-of-risk, and contributory-negligence defenses. Third-party claims against non-employer defendants (equipment makers, subcontractors, etc.) remain available alongside your WC claim.
How long do I have to file a Mississippi workers' comp claim?
Two years from the date of injury if no compensation has been paid and no petition for benefits has been filed (Miss. Code Ann. § 71-3-35). Once benefits are paid, disputes over reopening a case for a change of condition or a mistake of fact generally run on a separate one-year window tied to the last payment or a properly filed Notice of Final Payment (Form B-31). Don't wait — deadlines are strictly enforced.
Should I accept the first settlement offer in my Mississippi workers' comp case?
Almost never. Initial offers typically underestimate permanent impairment, future medical needs, and — for body-as-a-whole injuries — your true loss of wage-earning capacity, which Mississippi calculates separately from a simple medical-impairment rating. Before accepting, get an independent medical evaluation and consult a workers' comp attorney; Mississippi courts have repeatedly upheld occupational-loss awards that substantially exceed the treating physician's impairment percentage when vocational evidence supports it.
Pending Mississippi Workers' Compensation Issues
Active legal developments (as of April 2026):
- The $654.63/wk 2026 maximum weekly comp rate and $294,583.50 lifetime P&T maximum come from a law-firm bulletin describing an MWCC increase 'effective July 1, 2026,' which conflicts with Miss. Code Ann. § 71-3-3's language that the state AWW (and resulting max rate) is set each October 1 and becomes effective January 1 the following year. The official DFA.ms.gov reference guide's year-over-year table confirms rates only through January 1, 2025 ($630.73/wk); the exact 2026 effective date has not been independently confirmed at mwcc.ms.gov (site content was not accessible).
- The $25.00/week statutory minimum compensation rate in § 71-3-13 appears unchanged for many years and is not restated in the 2025 DFA Quick Reference Guide's rate table (which lists only maximums) — unclear whether it remains anything more than a nominal, rarely-binding floor.
- Mississippi's official mwcc.ms.gov site was not accessible for direct verification, so any MWCC-published bulletins, forms, or rate notices beyond the secondary sources cited here were not independently verifiable at the primary source.
- Second Injury Trust Fund (§ 71-3-73) funding language references 'fiscal year 2017 and thereafter' assessment authority; current 2026 solvency and whether the fund remains open to new claims has not been independently confirmed beyond the statute text.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- codes.findlaw.com/ms/title-71-labor-and-industry/ms-code-sect-71-3-13.html
- codes.findlaw.com/ms/title-71-labor-and-industry/ms-code-sect-71-3-11.html
- codes.findlaw.com/ms/title-71-labor-and-industry/ms-code-sect-71-3-17.html
- codes.findlaw.com/ms/title-71-labor-and-industry/ms-code-sect-71-3-9.html
- codes.findlaw.com/ms/title-71-labor-and-industry/ms-code-sect-71-3-35.html
- codes.findlaw.com/ms/title-71-labor-and-industry/ms-code-sect-71-3-73.html
- www.dfa.ms.gov/sites/default/files/Insurance%20Home/Worker%27s%20Compensation%20Forms/MS%20WC%20Claims%20Ref%20Guide%202025.pdf
- markowwalker.com/effective-july-1-2026-the-mississippi-workers-compensation-commission-has-increased-the-weekly-disability-maximum-and-mileage-reimbursement-rates
- www.courtlistener.com/opinion/10629167/mueller-industries-inc-and-stonington-insurance-company-v-shannon-waits
- www.courtlistener.com/opinion/10628492/mtd-products-inc-and-mtd-products-inc-dba-modern-line-products
- www.courtlistener.com/opinion/10628820/howard-industries-inc-v-selina-hayes
- www.courtlistener.com/opinion/10629236/city-of-verona-and-mississippi-municipal-workers-compensation-group-v
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview