Claims Kit

Penalties for Late Reporting MCA 71-3-67 (4)

Whenever an employer or carrier fails or refuses to file any report required within the time prescribed, the commission may levy a penalty against the employer or carrier not to exceed One Hundred Dollars ($100.00). In addition to the civil penalty, a sum not to exceed One Hundred Dollars ($100.00) may be added to any award which may be made as a result of any injury not timely reported.

In addition to the above civil penalty, a sum not to exceed One Hundred Dollars ($ 100.00) may, in the discretion of an administrative judge or the commission, be added to any award which may be made as a result of any injury not timely reported

Reporting of Claim by Employer 71-3-67

Employers should complete and file a first report of injury (FROI) with their carrier or third party administrator immediately upon receiving notice of an injury, if the injury requires a loss of more than the shift on which the injury occurs. If the injury causes lost time in excess of five days, or if the injury results in permanent impairment, the carrier or third party administrator must file the form with the Mississippi Workers' Compensation Commission. The Commission will return a file number to be used for any future filings related to the claim. The statute contemplates such filing within ten days of the employer's notice of the injury or notice that the injury has resulted in lost time in excess of the waiting period or permanent impairment.    .

B-3 (IAIABC IA-1) Employer's First Report of Injury or Occupational Disease

The failure to file a First Report of Injury has resulted in court decisions refusing to apply the two year statute of limitation on a claim and has served as the basis for an employer to become a defendant in bad faith litigation

Physician Selection MCA 71-3-15

The Workers' Compensation Law provides that an injured worker has the right to select one physician or medical provider of his or her own choosing to render treatment. This chosen provider may make one referral of the worker to another specialist to continue treatment without any approval from the employer or its insurance carrier.  An employee is not limited to a specific type of treating physician. In other words, they may choose a chiropractor as a general practioner. (there is a limit to chiropractic treatment per the medical fee schedule)

A physician to whom the employee is referred by his employer does not count as the employee's choice unless accepted as his or her choice in writing. However, if the employee is treated for his alleged work-related injury or occupational disease by a physician for six (6) months or longer, or if the employee has surgery for the alleged work-related injury or occupational disease performed by a physician, then that physician will be deemed the employee's selection. 

Any additional selections or referrals must be approved in advance by the employer or its insurance carrier.  The worker is also entitled to mileage reimbursement or trips to the doctor.

The employee's choice of physician is limited to an area reasonably convenient to the injury or the residence of the claimant.

Posting Requirements MCA 71-3-81, General Rule 8

Every employer who has secured compensation must keep notices posted in a conspicuous place or places in and about his place or places of business, in accordance with a form prescribed by the commission, stating that the employer has secured the payment of compensation in accordance with the law. The notice will contain the name and address of the carrier, if any, with whom the employer has secured payment of the compensation 

Notice of Coverage

Notice of Coverage (SPANISH)