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

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.