How to File a Workers' Compensation Claim in Mississippi
Reviewed by DocDraft Legal Team · Mississippi · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurance carrier, without having to prove the employer was at fault. In Mississippi, the system is administered by the Mississippi Workers' Compensation Commission (MWCC), which also decides disputed claims. Two deadlines are critical. You must give your employer notice of the injury within 30 days of its occurrence (Miss. Code 71-3-35), and you generally have two years from the date of injury to file an application for benefits with the Commission, or your right to compensation is barred (Miss. Code 71-3-35). After you report, your employer or its insurance carrier files an Employer's First Report of Injury (Form B-3) with the MWCC and the carrier. The carrier then accepts and pays benefits or denies the claim. If the claim is denied, delayed, or underpaid, you open a contested case by filing a Petition to Controvert (Form B-5,11) with the MWCC, and a Commission administrative judge hears it. Attorney review of your claim is available through DocDraft.
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Where are you after your work injury?
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How do I file a workers' compensation claim in Mississippi?
First, report your injury to your employer within 30 days (Miss. Code 71-3-35). Get medical care and let your employer file its First Report of Injury with the Mississippi Workers' Compensation Commission. If the claim is denied or delayed, you file a Petition to Controvert to open a contested case.
How long do I have to file a workers' compensation claim in Mississippi?
Two deadlines matter. You must give your employer notice of the injury within 30 days (Miss. Code 71-3-35). Separately, you generally have two years from the date of injury to file your application for benefits with the Mississippi Workers' Compensation Commission, or your right to compensation is barred.
What is the Petition to Controvert in Mississippi?
The Petition to Controvert, Form B-5,11, is the form an injured worker files with the Mississippi Workers' Compensation Commission to open a contested claim. You file it when the employer or its insurance carrier denies your claim, delays benefits, or refuses to pay what you believe you are owed.
Who handles workers' compensation claims in Mississippi?
The Mississippi Workers' Compensation Commission (MWCC) administers the state's workers' compensation system. Day to day, your employer's insurance carrier decides whether to pay your claim. If a dispute arises, a MWCC administrative judge hears the case, and the full Commission can review that judge's decision on appeal.
Mississippi workers' compensation claim law at a glance
In Mississippi, workers' compensation gives an employee who is injured on the job medical care and wage-replacement benefits from the employer's insurance carrier, regardless of fault. The system is administered by the Mississippi Workers' Compensation Commission (MWCC). You must give your employer notice of the injury within 30 days of its occurrence (Miss. Code 71-3-35). After you report, the employer files an Employer's First Report of Injury (Form B-3) with the MWCC and its carrier. The carrier then accepts and pays benefits or denies the claim. If it denies, delays, or underpays, you file a Petition to Controvert (Form B-5,11) with the MWCC. You generally have two years from the date of injury to file that application for benefits, or your right to compensation is barred (Miss. Code 71-3-35).
Filing a Mississippi workers' compensation claim after a factory hand injury
Suppose you crush your hand in a machine at a Mississippi factory. You tell your supervisor that day and put the injury in writing, well inside the 30-day notice deadline (Miss. Code 71-3-35). Your employer files an Employer's First Report of Injury (Form B-3) with the Mississippi Workers' Compensation Commission, and the carrier starts paying for treatment. Months later, the carrier disputes your wage-replacement benefits. Because you must act within two years of the injury (Miss. Code 71-3-35), you file a Petition to Controvert (Form B-5,11) with the Commission, and an administrative judge is assigned to hear the case. Attorney review of your claim is available through DocDraft.
Relevant Laws
Miss. Code 71-3-35 (30-day notice of injury and two-year filing bar)
Provides that no claim for compensation shall be maintained unless, within 30 days after the occurrence of the injury, actual notice was received by the employer (or the employer had knowledge of the injury), and that if no compensation is paid and no application for benefits is filed with the commission within two years from the date of injury or death, the right to compensation is barred.
Miss. Code 71-3-53 (Commission review of a case)
Allows the Mississippi Workers' Compensation Commission, on its own initiative or on the application of a party in interest, to review a compensation case at any time before one year after the date of the last payment of compensation, on the ground of a change in conditions or a mistake in a determination of fact.
Petition to Controvert (Form B-5,11) and Employer's First Report of Injury (Form B-3)
The injured worker files a Petition to Controvert (Form B-5,11) with the Mississippi Workers' Compensation Commission to open a contested claim when benefits are denied or delayed. After the worker reports the injury, the employer or carrier files an Employer's First Report of Injury (Form B-3) with the Commission and the carrier.
Mississippi Workers' Compensation Commission
The MWCC administers Mississippi's workers' compensation system and adjudicates disputed claims. A contested claim is heard by a Commission administrative judge, whose order may be reviewed by the full three-member Commission and then appealed to circuit court.
Regional Variances
Mississippi workers' compensation claim rules at a glance
Reporting deadline
30 days from the occurrence of the injury to give your employer notice, under Miss. Code 71-3-35. A late report may be excused only if the employer already had knowledge of the injury and was not prejudiced by the delay.
Claim forms
The employer files an Employer's First Report of Injury (Form B-3) with the Commission and its carrier. The worker files a Petition to Controvert (Form B-5,11) with the MWCC to open a contested claim when benefits are denied or delayed.
Filing deadline
Generally two years from the date of injury to file an application for benefits with the Mississippi Workers' Compensation Commission (Miss. Code 71-3-35). Payment of compensation tolls the bar; a medical-only carrier that later denies can shorten this to one year from denial.
Who administers it
The Mississippi Workers' Compensation Commission (MWCC). Contested claims are heard by a Commission administrative judge, whose order may be reviewed by the full Commission and then appealed to circuit court.
How disputes are filed
By filing a Petition to Controvert (Form B-5,11) with the MWCC when the carrier denies, delays, or underpays the claim. This must occur within the two-year period under Miss. Code 71-3-35.
Suggested Compliance Checklist
Report the injury to your employer
Within 30 days of the injury days after startingGive your employer notice of the injury within 30 days of its occurrence (Miss. Code 71-3-35). Put it in writing and keep a dated copy. Reporting late can jeopardize your claim unless the employer already had knowledge of the injury and was not prejudiced.
Confirm the Employer's First Report of Injury is filed
Shortly after you report days after startingYour employer or its carrier must file an Employer's First Report of Injury (Form B-3) with the Mississippi Workers' Compensation Commission and the carrier. Ask for confirmation it was filed and note the date you gave notice of the injury.
Get medical care and keep records
Ongoing after the injury days after startingSeek treatment and tell the provider the injury is work-related. Keep every medical record, bill, and letter from the carrier. Documenting the diagnosis, treatment dates, and work restrictions supports your claim if the carrier later disputes benefits.
Track the carrier's decision and deadlines
While the claim is pending days after startingThe carrier will accept and pay benefits, delay, or deny the claim. Calendar any deadline the carrier sets for information, keep proof of what you send, and note the date of injury so you can protect the two-year filing window under Miss. Code 71-3-35.
File a Petition to Controvert if the claim is disputed
Within two years of the date of injury days after startingIf the claim is denied, delayed, or underpaid, open a contested case by filing a Petition to Controvert (Form B-5,11) with the Mississippi Workers' Compensation Commission within two years of the injury (Miss. Code 71-3-35). File early to protect your rights.
Prepare for the Commission hearing
After you file the Petition to Controvert days after startingOnce you file, a MWCC administrative judge is assigned to hear the case. Gather your medical records, notice date, and witness information. Attorney review of your claim and your Petition to Controvert is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer | Give your employer notice of the injury within 30 days of its occurrence (Miss. Code 71-3-35). Put it in writing and keep a dated copy. Reporting late can jeopardize your claim unless the employer already had knowledge of the injury and was not prejudiced. | - | Within 30 days of the injury |
| Confirm the Employer's First Report of Injury is filed | Your employer or its carrier must file an Employer's First Report of Injury (Form B-3) with the Mississippi Workers' Compensation Commission and the carrier. Ask for confirmation it was filed and note the date you gave notice of the injury. | - | Shortly after you report |
| Get medical care and keep records | Seek treatment and tell the provider the injury is work-related. Keep every medical record, bill, and letter from the carrier. Documenting the diagnosis, treatment dates, and work restrictions supports your claim if the carrier later disputes benefits. | - | Ongoing after the injury |
| Track the carrier's decision and deadlines | The carrier will accept and pay benefits, delay, or deny the claim. Calendar any deadline the carrier sets for information, keep proof of what you send, and note the date of injury so you can protect the two-year filing window under Miss. Code 71-3-35. | - | While the claim is pending |
| File a Petition to Controvert if the claim is disputed | If the claim is denied, delayed, or underpaid, open a contested case by filing a Petition to Controvert (Form B-5,11) with the Mississippi Workers' Compensation Commission within two years of the injury (Miss. Code 71-3-35). File early to protect your rights. | - | Within two years of the date of injury |
| Prepare for the Commission hearing | Once you file, a MWCC administrative judge is assigned to hear the case. Gather your medical records, notice date, and witness information. Attorney review of your claim and your Petition to Controvert is available through DocDraft. | - | After you file the Petition to Controvert |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits from the employer's insurance carrier, without proving fault. In Mississippi, the system is administered by the Mississippi Workers' Compensation Commission, which also decides disputed claims.
Reporting means giving your employer notice of the injury, which you must do within 30 days (Miss. Code 71-3-35). Filing a claim is the separate step of asking the Mississippi Workers' Compensation Commission to award benefits, usually by filing a Petition to Controvert when the claim is disputed. Reporting comes first.
You have 30 days from the occurrence of the injury to give your employer notice (Miss. Code 71-3-35). Reporting late can jeopardize your claim, though a late report may be excused if the employer already had knowledge of the injury and was not prejudiced. Report promptly to be safe.
Generally, you have two years from the date of injury to file your application for benefits with the Mississippi Workers' Compensation Commission (Miss. Code 71-3-35). If no compensation is paid and nothing is filed within that period, your right to compensation is barred. Payment of benefits can extend the deadline.
Missing the 30-day deadline can bar your claim. Miss. Code 71-3-35 says no claim shall be maintained unless notice was received by the employer within 30 days of the injury. A late report may still be excused if the employer had knowledge of the injury and was not prejudiced by the delay.
If your employer's carrier denies or delays benefits, you start a contested case by filing a Petition to Controvert (Form B-5,11) with the Mississippi Workers' Compensation Commission. A Commission administrative judge is then assigned to hear the dispute. You must file within two years of the injury (Miss. Code 71-3-35).
No. Mississippi workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose out of and in the course of your employment. In exchange, benefits are set by statute rather than a jury.
If the carrier denies or delays your claim, you take the dispute to the Mississippi Workers' Compensation Commission by filing a Petition to Controvert (Form B-5,11). You generally must do so within two years of the date of injury (Miss. Code 71-3-35). Attorney review of your case is available through DocDraft.
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