Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 4 - EMPLOYEE BENEFITS › Section 27-120-4.2 - WORKERS' COMPENSATION

Current through June 25, 2024
Workers' compensation is administered by the Mississippi
				  Workers' Compensation Commission, and all State employees are covered under the
				  provisions of the Mississippi Workers' Compensation Law. The basic purpose of
				  workers' compensation is to provide fixed benefits to employees in the event an
				  employee is injured in the course of employment. An employee who is injured on
				  the job is entitled to certain benefits at no cost to the employee, including
				  compensation for reasonable and necessary medical expenses, partial
				  compensation for income lost because of the injury or illness, retraining for
				  new skills, if necessary, and certain other related benefits.
Workers' compensation is unavailable when an injury was
				  caused by an employee's use of illegal drugs, abuse of prescription medication
				  or intoxication due to the use of alcohol. An employee may be requested to
				  submit to a drug and alcohol test if injured while at work.
Workers' compensation wage loss benefits are not payable for
				  the first through the fifth days of disability unless the disability extends to
				  fourteen days or more. The workers' compensation benefit is payable at 2/3 the
				  average weekly wage or, in some cases, to a weekly maximum set by law.
Wage benefits are payable in addition to any accrued leave
				  the employee may be entitled to use. It is the employee's responsibility to
				  ensure that payment of accrued Personal Leave and/or Major Medical Leave and
				  the receipt of workers' compensation benefits simultaneously do not result in
				  the employee being paid a total amount that exceeds 100 percent of his wages
				  earned in State employment at the time of injury.
A State employee who is absent due to a work-related injury
				  for which the employee is receiving temporary disability benefits is limited in
				  his or her use of accrued Personal Leave and/or Major Medical Leave and the
				  receipt of workers' compensation benefits simultaneously if the combined
				  receipt of both benefits results in the employee being paid a total amount that
				  exceeds 100 percent of his wages earned in State employment at the time of
				  injury.
It is the employee's responsibility to cooperate with the
				  agency to determine if he or she has received excess wages and, if so, to
				  notify the agency's Human Resources Office of how such excess wages should be
				  recovered from the employee. Recovery could be:
* Through direct repayment (by endorsing the temporary
				  disability benefit check over to the agency or remitting a personal check/money
				  order);
* Through a payroll deduction;
* Through a payroll adjustment by which the Personal Leave
				  and/or Major Medical Leave taken during the affected pay period is reclassified
				  to Leave Without Pay; or
* By a combination of direct repayment, payroll deduction
				  and/or reclassification of paid leave to Leave Without Pay.
Should the employee elect to be placed on Leave Without Pay
				  rather than use accrued Personal Leave and/or Major Medical Leave, employment
				  benefits (i.e., employer-paid life and/or health insurance, leave accrual, FICA
				  and PERS contributions) may be adversely affected.
Any excess wages that are not remitted to the agency will be
				  deemed to be a debt owed to the State of Mississippi and are subject to
				  collection as allowed by Mississippi law.
Any injury or illness which is work related should be
				  reported as soon as possible to the supervisor or agency's workers'
				  compensation representative so that appropriate medical treatment can be
				  arranged and a report of the injury can be sent to the Workers' Compensation
				  Commission. Timely reporting also ensures that any wage loss benefits, which
				  are due, will be paid without undue delay. For assistance in the event of
				  injury or for questions concerning workers' compensation, contact the agency
				  Human Resources Office or the agency's workers' compensation
				  representative.