Mississippi Workers Compensation Accidents and Injuries – What Are The Rules Regarding Statutes of Limitation?

April 11th, 2011

Mississippi Workers Compensation Accidents and Injuries – What Are The Rules Regarding Statutes of Limitation?

by Jay Foster, Mississippi Workers’ Compensation Lawyer

In Mississippi Workers’ Compensation accidents and injuries, there are time limits on when we must file a claim for a worker’s compensation injury with the Mississippi Workers’ Compensation Commission. If Mississippi Workers’ Compensation injury claim is not filed within the time limit, then the case cannot proceed. In other words, the case will be dismissed by the Court. The time limits are what we call the statute of limitations.

The Mississippi Supreme Court has repeatedly held that the statute of limitations does not apply when an employer and the insurance company fail to perform certain duties required by law. One of these duties is the filing of a Notice with the Mississippi Workers’ Compensation Commission that an injury has occurred. The Mississippi Supreme Court has held that an employer and its insurance carrier would be estopped from denying that the two-year statute of limitations was tolled where they failed to comply with the notice requirement of the act. Martin v. L. & A. Contracting Co., 249 Miss. 441, 162 So. 2d 870 (1964). In that case, the employee brought a claim which was denied by the Mississippi Worker’s Compensation Commission as time-barred by the two-year statute of limitations.

 

The Mississippi Supreme Court reversed the Commission’s decision and found that it would be inconsistent with the purposes of the Mississippi Worker’s Compensation Act and inequitable to the employee to allow the employer and its insurance carrier to take advantage of their failure to perform their duty to give notice to the Commission. Id. at 448, 162 So.2d at 872.

If you have questions about this or any other Mississippi Worker’s Compensation Accident, please call or email Jay Foster.



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