Mississippi Code
Miss. Code Ann. § 71-3-17 (2026)
Compensation for disability
✓ current as of July 2026
Compensation for disability shall be paid to the employee as follows:
- (a) Permanent total disability: In case of total disability adjudged to be permanent, sixty-six and two-thirds percent (66-2/3%) of the average weekly wages of the injured employee, subject to the maximum limitations as to weekly benefits as set up in this chapter, shall be paid to the employee not to exceed four hundred fifty (450) weeks or an amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two (2) thereof shall constitute permanent total disability. In all other cases, permanent total disability shall be determined in accordance with the facts.
- (b) Temporary total disability: In case of disability, total in character but temporary in quality, sixty-six and two-thirds percent (66-2/3%) of the average weekly wages of the injured employee, subject to the maximum limitations as to weekly benefits as set up in this chapter, shall be paid to the employee during the continuance of such disability not to exceed four hundred fifty (450) weeks or an amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state. Provided, however, if there arises a conflict in medical opinions of whether or not the claimant has reached maximum medical recovery and the claimant's benefits have been terminated by the carrier, then the claimant may demand an immediate hearing before the commissioner upon five (5) days' notice to the carrier for a determination by the commission of whether or not in fact the claimant has reached maximum recovery.
- (c) Permanent partial disability: In case of disability partial in character but permanent in quality, the compensation shall be sixty-six and two-thirds percent (66-2/3%) of the average weekly wages of the injured employee, subject to the maximum limitations as to weekly benefits as set up in this chapter, which shall be paid following compensation for temporary total disability paid in accordance with paragraph (b) of this section, and shall be paid to the employee as follows:
Member Lost
Number Weeks Compensation
(1) Arm
200
(2) Leg
175
(3) Hand
150
(4) Foot
125
(5) Eye
100
(6) Thumb
60
(7) First finger
35
(8) Great toe
30
(9) Second finger
30
(10) Third finger
20
(11) Toe other than great toe
10
(12) Fourth finger
15
(13) Testicle, one
50
(14) Testicle, both
150
(15) Breast, female, one
50
(16) Breast, female, both
150
- (17) Loss of hearing: Compensation for loss of hearing of one (1) ear, forty (40) weeks. Compensation for loss of hearing of both ears, one hundred fifty (150) weeks.
- (18) Phalanges: Compensation for loss of more than one (1) phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the first phalange shall be one-half (1/2) of the compensation for loss of the entire digit.
- (19) Amputated arm or leg: Compensation for an arm or leg, if amputated at or above wrist or ankle, shall be for the loss of the arm or leg.
- (20) Binocular vision or percent of vision: Compensation for loss of binocular vision or for eighty percent (80%) or more of the vision of an eye shall be the same as for loss of the eye.
- (21) Two (2) or more digits: Compensation for loss of two (2) or more digits, or one (1) or more phalanges of two (2) or more digits, of a hand or foot may be proportioned to the loss of the use of the hand or foot occasioned thereby, but shall not exceed the compensation for loss of a hand or foot.
- (22) Total loss of use: Compensation for permanent total loss of use of a member shall be the same as for loss of the member.
- (23) Partial loss or partial loss of use: Compensation for permanent partial loss or loss of use of a member may be for proportionate loss or loss of use of the member.
- (24) Disfigurement: The commission, in its discretion, is authorized to award proper and equitable compensation for serious facial or head disfigurements not to exceed Five Thousand Dollars ($5,000.00). No such award shall be made until a lapse of one (1) year from the date of the injury resulting in such disfigurement.
- (25) Other cases: In all other cases in this class of disability, the compensation shall be sixty-six and two-thirds percent (66-2/3%) of the difference between his average weekly wages, subject to the maximum limitations as to weekly benefits as set up in this chapter, and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such partial disability, but subject to reconsideration of the degree of such impairment by the commission on its own motion or upon application of any party in interest. Such payments shall in no case be made for a longer period than four hundred fifty (450) weeks.
- (26) In any case in which there shall be a loss of, or loss of use of, more than one (1) member or parts of more than one (1) member set forth in subparagraphs (1) through (23) of this paragraph (c), not amounting to permanent total disability, the award of compensation shall be for the loss of, or loss of use of, each such member or parts thereof, which awards shall run consecutively, except that where the injury affects only two (2) or more digits of the same hand or foot, subparagraph (21) of this paragraph (c) shall apply.
Codes, 1942, § 6998-09; Laws, 1948, ch. 354, § 8a-c; Laws, 1950, ch. 412, § 6; Laws, 1958, ch. 454, § 3; Laws, 1968, ch. 559, § 5; Laws, 1972, ch. 522, § 3; Laws, 1976, ch. 459, § 2; Laws, 1979, ch. 442, § 2; Laws, 1981, ch. 341, § 2; reenacted, Laws, 1982, ch. 473, § 9; Laws, 1984, ch. 402, § 2; Laws, 1988, ch. 446, § 3; reenacted without change, Laws, 1990, ch. 405, § 9; Laws, 2012, ch. 522, § 4, eff. 7/1/2012.
Notes of Decisions
Cited in 64
cases (11 in the last 5 years), 1991–2025 · leading case: Smith v. Jackson Const. Co., 607 So. 2d 1119 (Miss. 1992).
Smith v. Jackson Const. Co., 607 So. 2d 1119 (Miss. 1992). “1982); see also Miss. Code Ann. § 71-3-17 (c) (Supp. 1991).”
Teresa Patrick v. Wal-Mart, Inc., 681 F.3d 614 (5th Cir. 2012). “” Miss.Code Ann. § 71-3-17(a)-(c). Permanent disability benefits would be based on her loss of “wage-earning capacity.”
City of Laurel v. Guy, 58 So. 3d 1223 (Miss. Ct. App. 2011). “Miss.Code Ann. § 71-3-17 (Rev.2000). ¶ 10.”
Walker Mfg. Co. v. Cantrell, 577 So. 2d 1243 (Miss. 1991). “Miss. Code Ann. § 71-3-17 (c)(3) (1972). The Administrative Judge ordered that Walker Manufacturing pay Cantrell compensation and provide for his reasonable and necessary medical services and supplies.”
Lott v. Hudspeth Ctr., 26 So. 3d 1044 (Miss. 2010). “" Miss.Code Ann. § 71-3-17(a) (Rev. 2000).”
McCarty Farms, Inc. v. Caprice Banks, 773 So. 2d 380 (Miss. Ct. App. 2000). “" Miss.Code Ann. § 71-3-17(a) (Rev.1995). ¶ 47.”
Ard v. Marshall Durbin Companies, 818 So. 2d 1240 (Miss. Ct. App. 2002). “” Miss. Code Ann. § 71-3-17 (a) (Rev.2000).”
McDowell v. Smith, 856 So. 2d 581 (Miss. Ct. App. 2003). “" Miss.Code Ann. § 71-3-17(a) (Rev.2000). "`Disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment.”
Jordan v. Hercules, Inc., 600 So. 2d 179 (Miss. 1992). “Miss. Code Ann. § 71-3-17 (b) (1988) provides for temporary total disability as follows: In case of disability, total in character but temporary in quality, sixty-six and two-thirds percent (66 2/3%) of the average weekly wages, subject to the maximum limitations as to weekly…”
Howard Indus., Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002). “" Miss.Code Ann. § 71-3-17(25) (Rev.2000). It was stipulated that Robinson's average weekly wage when his back injury occurred was $527 in 1994.”
Union Camp Corp. v. Hall, 955 So. 2d 363 (Miss. Ct. App. 2006). “” Miss.Code Ann. § 71-3-17(a) (Rev.2000). Of course, there is no evidence that Hall “lost” her legs due to her injury.”
Bettye Logan v. Klaussner Furniture Corp., 238 So. 3d 1134 (Miss. 2018). “Miss. Code Ann. § 71-3-17 (c) (Rev. 2011) (emphasis added).”
— Miss. Code Ann. § 71-3-17(25) — 2 cases
Howard Indus., Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002). “" Miss.Code Ann. § 71-3-17(25) (Rev.2000). It was stipulated that Robinson's average weekly wage when his back injury occurred was $527 in 1994.”
Cives Steel Co. Port of Rosedale v. Williams, 905 So. 2d 661 (Miss. Ct. App. 2004).
— Miss. Code Ann. § 71-3-17(a) — 16 cases
Teresa Patrick v. Wal-Mart, Inc., 681 F.3d 614 (5th Cir. 2012). “” Miss.Code Ann. § 71-3-17(a)-(c). Permanent disability benefits would be based on her loss of “wage-earning capacity.”
Union Camp Corp. v. Hall, 955 So. 2d 363 (Miss. Ct. App. 2006). “” Miss.Code Ann. § 71-3-17(a) (Rev.2000). Of course, there is no evidence that Hall “lost” her legs due to her injury.”
McDowell v. Smith, 856 So. 2d 581 (Miss. Ct. App. 2003). “" Miss.Code Ann. § 71-3-17(a) (Rev.2000). "`Disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment.”
Lott v. Hudspeth Ctr., 26 So. 3d 1044 (Miss. 2010). “" Miss.Code Ann. § 71-3-17(a) (Rev. 2000).”
Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So. 3d 1159 (Miss. Ct. App. 2010).
— Miss. Code Ann. § 71-3-17(a)(c) — 1 case
Good Earth Dev., Inc. v. Rogers, 800 So. 2d 1164 (Miss. Ct. App. 2001).
— Miss. Code Ann. § 71-3-17(b) — 6 cases
Teresa Patrick v. Wal-Mart, Inc., 681 F.3d 614 (5th Cir. 2012). “” Miss.Code Ann. § 71-3-17(a)-(c). Permanent disability benefits would be based on her loss of “wage-earning capacity.”
Liberty Mut. Ins. Co. v. McKneely, 862 So. 2d 530 (Miss. 2003).
Flowers v. Crown Cork & Seal USA, Inc., 167 So. 3d 188 (Miss. 2014).
Howard Indus., Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002). “" Miss.Code Ann. § 71-3-17(25) (Rev.2000). It was stipulated that Robinson's average weekly wage when his back injury occurred was $527 in 1994.”
Flowers v. Crown Cork & Seal USA, Inc., 168 So. 3d 1009 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 71-3-17(c) — 12 cases
Lott v. Hudspeth Ctr., 26 So. 3d 1044 (Miss. 2010). “" Miss.Code Ann. § 71-3-17(a) (Rev. 2000).”
City of Laurel v. Guy, 58 So. 3d 1223 (Miss. Ct. App. 2011). “Miss.Code Ann. § 71-3-17 (Rev.2000). ¶ 10.”
Ard v. Marshall Durbin Companies, 818 So. 2d 1240 (Miss. Ct. App. 2002). “” Miss. Code Ann. § 71-3-17 (a) (Rev.2000).”
McCarty Farms, Inc. v. Caprice Banks, 773 So. 2d 380 (Miss. Ct. App. 2000). “" Miss.Code Ann. § 71-3-17(a) (Rev.1995). ¶ 47.”
Robinette v. Henry I. Siegal Co., 801 So. 2d 739 (Miss. Ct. App. 2000).
— Miss. Code Ann. § 71-3-17(c)(1) — 2 cases
McCarty Farms, Inc. v. Caprice Banks, 773 So. 2d 380 (Miss. Ct. App. 2000). “" Miss.Code Ann. § 71-3-17(a) (Rev.1995). ¶ 47.”
Lifestyle Furnishings v. Tollison, 985 So. 2d 352 (Miss. Ct. App. 2008).
— Miss. Code Ann. § 71-3-17(c)(2) — 1 case
City of Laurel v. Guy, 58 So. 3d 1223 (Miss. Ct. App. 2011). “Miss.Code Ann. § 71-3-17 (Rev.2000). ¶ 10.”
— Miss. Code Ann. § 71-3-17(c)(22) — 3 cases
Lifestyle Furnishings v. Tollison, 985 So. 2d 352 (Miss. Ct. App. 2008).
Union Camp Corp. v. Hall, 955 So. 2d 363 (Miss. Ct. App. 2006). “” Miss.Code Ann. § 71-3-17(a) (Rev.2000). Of course, there is no evidence that Hall “lost” her legs due to her injury.”
Arendale v. Balkamp, Inc., 879 So. 2d 448 (Miss. Ct. App. 2003).
— Miss. Code Ann. § 71-3-17(c)(23) — 2 cases
Ard v. Marshall Durbin Companies, 818 So. 2d 1240 (Miss. Ct. App. 2002). “” Miss. Code Ann. § 71-3-17 (a) (Rev.2000).”
McCarty Farms, Inc. v. Caprice Banks, 773 So. 2d 380 (Miss. Ct. App. 2000). “" Miss.Code Ann. § 71-3-17(a) (Rev.1995). ¶ 47.”
— Miss. Code Ann. § 71-3-17(c)(24) — 1 case
Bullock v. AIU Ins. Co., 995 So. 2d 717 (Miss. 2008).
— Miss. Code Ann. § 71-3-17(c)(25) — 9 cases
Hale v. Ruleville Health Care Ctr., 687 So. 2d 1221 (Miss. 1997).
Greenwood Utils. v. Williams, 801 So. 2d 783 (Miss. Ct. App. 2001).
Mid-Delta Home Health, Inc. v. Robertson, 749 So. 2d 379 (Miss. Ct. App. 1999).
McCarty Farms, Inc. v. Caprice Banks, 773 So. 2d 380 (Miss. Ct. App. 2000). “" Miss.Code Ann. § 71-3-17(a) (Rev.1995). ¶ 47.”
Harrison Cnty. Bd. of Supervisors v. Black, 127 So. 3d 272 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 71-3-17(c)(3) — 2 cases
Ard v. Marshall Durbin Companies, 818 So. 2d 1240 (Miss. Ct. App. 2002). “” Miss. Code Ann. § 71-3-17 (a) (Rev.2000).”
Cook v. President Casino, 740 So. 2d 963 (Miss. Ct. App. 1999).
— Miss. Code Ann. § 71-3-17(c)(4) — 2 cases
McDowell v. Smith, 856 So. 2d 581 (Miss. Ct. App. 2003). “" Miss.Code Ann. § 71-3-17(a) (Rev.2000). "`Disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment.”
Cook v. President Casino, 740 So. 2d 963 (Miss. Ct. App. 1999).
— Miss. Code Ann. § 71-3-17(c)(l) — 1 case
Ard v. Marshall Durbin Companies, 818 So. 2d 1240 (Miss. Ct. App. 2002). “” Miss. Code Ann. § 71-3-17 (a) (Rev.2000).”
— Miss. Code Ann. § 71-3-17(e)(25) — 1 case
Ard v. Marshall Durbin Companies, 818 So. 2d 1240 (Miss. Ct. App. 2002). “” Miss. Code Ann. § 71-3-17 (a) (Rev.2000).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.