In Mississippi, workers' compensation does not provide a cash payment on the exact day an employee is injured. Instead, the system offers temporary disability (TD) benefits that begin after a short waiting period and are paid bi‑weekly based on the employee's average weekly wage. Understanding the timing, eligibility, and calculation of these benefits helps injured workers receive the support they need without delay.
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Key Takeaways
- Benefits are not paid on the day of injury; the earliest TD benefit is payable after a three‑day waiting period.
- Payments are made bi‑weekly, not daily.
- The amount equals two‑thirds of the employee's average weekly wage, up to state‑defined caps.
Mississippi Workers' Compensation Basics
Mississippi's workers' compensation program is governed by the Mississippi Workers' Compensation Commission (MWCC). Its purpose is to provide medical treatment and wage replacement to employees who suffer work‑related injuries or illnesses. The program is compulsory for most private‑sector employers and is funded through employer‑paid insurance premiums.
Types of Benefits
The two primary wage‑replacement benefits are:
- Temporary Disability (TD): Covers lost wages while the employee is unable to work but expects to return to the same job.
- Permanent Disability (PD): Compensates for lasting impairment after the employee's condition stabilizes.
When Do Payments Start?
Mississippi law requires a three‑day waiting period before the first TD payment can be issued. This waiting period begins the day after the injury is reported to the employer and the employer files a First Report of Injury (FROI) with the MWCC. If the employee is unable to work on the day of the injury, they receive no cash benefit that day; instead, they must wait until the waiting period ends and the claim is approved.
Bi‑weekly Payment Schedule
Once approved, TD benefits are paid every two weeks. The MWCC processes payments on the 15th and 30th of each month, covering the preceding pay period. Employers may also provide interim wage continuation during the waiting period, but this is not mandated by the state.
How Are Benefits Calculated?
TD benefits are calculated as two‑thirds (66.67%) of the employee's average weekly wage (AWW) prior to the injury, subject to a maximum cap set by law. The AWW is determined by dividing the employee's total earnings over the 52 weeks preceding the injury by 52.
| Metric | Estimate or Range | Context |
|---|---|---|
| Average Weekly Wage (AWW) | Employee's earnings ÷ 52 weeks | Used to compute benefit amount |
| Temporary Disability Rate | 66.67% of AWW | Standard state formula |
| Maximum Weekly Benefit (2024) | $1,200 | State‑set cap on TD benefits |
Steps to Take After an Injury
Common Misconceptions
My employer can pay me on the day of injury. Only if the employer voluntarily offers a wage‑continuation policy, which is not required by Mississippi law.
Workers' compensation covers all lost wages. It replaces only two‑thirds of the AWW, up to the statutory maximum, and does not include overtime or bonuses.
Where to Find More Information
The Mississippi Workers' Compensation Commission website provides detailed forms, FAQs, and contact information for claim assistance. For personalized guidance, injured workers may also consult a licensed workers' compensation attorney.