Workers' compensation; increase maximum total recovery and remove cap on permanent total disability compensation.
Summary
SB 2398 would amend Mississippi’s workers’ compensation law to increase the maximum duration and total amount of compensation available in several categories of claims. The bill raises the general cap on total recovery, exclusive of medical benefits and permanent total disability benefits, from 450 weeks to 520 weeks. It also extends the maximum payment period for permanent partial disability, temporary partial disability, and death benefits from 450 weeks to 520 weeks, while keeping the weekly benefit formula tied to two-thirds of the state average weekly wage.
The bill also changes permanent total disability benefits by providing that compensation is paid until the injured worker’s death, rather than being limited to a fixed 450-week period or equivalent maximum amount. In addition, the bill preserves existing benefit structures for temporary total disability, scheduled member losses, disfigurement, and dependent death benefits, but updates the outer time limits and maximum recovery calculations to reflect the longer 520-week cap. The act would take effect on July 1, 2025.
Impact
SB 2398 would amend Sections 71-3-13, 71-3-17, 71-3-21, and 71-3-25 of the Mississippi Code, directly affecting the state’s workers’ compensation benefit limits. Employers, insurers, injured workers, and dependents of deceased workers would be affected by the higher maximum recovery amounts and longer benefit duration. The bill would not change the basic benefit percentage formula, but it would increase the exposure of workers’ compensation carriers and employers by extending the period during which benefits may be paid and by eliminating the fixed cap for permanent total disability benefits.
Sentiment
The available context suggests the bill is framed as a benefits expansion for injured workers and their families, with no recorded committee debate or vote history provided. The caption indicates an intent to increase maximum recovery and remove the cap on permanent total disability compensation, which implies a pro-worker policy direction. Because there are no transcripts or votes, there is no documented opposition or support in the provided materials, but the measure’s fiscal impact on employers and insurers would likely be the central policy consideration.
Contention
The main point of contention is likely the cost of expanding workers’ compensation liability versus the adequacy of benefits for seriously injured workers. Employers and insurance carriers would likely be concerned about higher claim costs from the increase in the overall cap from 450 to 520 weeks and the removal of the permanent total disability cap. Workers’ advocates would likely support the bill because it increases long-term income protection, especially for permanently and totally disabled employees and for dependents in death cases. No specific objections or amendments are documented in the provided record.