Mississippi Code

Miss. Code Ann. § 71-3-25 (2026)

Compensation for death

✓ current as of July 2026

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If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:

(a) An immediate lump-sum payment of One Thousand Dollars ($1,000.00) to the surviving spouse, in addition to other compensation benefits.

(b) Reasonable funeral expenses not exceeding Five Thousand Dollars ($5,000.00) exclusive of other burial insurance or benefits.

(c) If there be a surviving spouse and no child of the deceased, to such surviving spouse thirty-five percent (35%) of the average wages of the deceased during widowhood or dependent widowhood and, if there be a surviving child or children of the deceased, the additional amount of ten percent (10%) of such wages for each such child. In case of the death or remarriage of such surviving spouse, any surviving child of the deceased employee shall have his compensation increased to fifteen percent (15%) of such wages, provided that the total amount payable shall in no case exceed sixty-six and two-thirds percent (66-2/3%) of such wages, subject to the maximum limitations as to weekly benefits as set up in this chapter. The commission may, in its discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor dependent. In the absence of such a requirement, the appointment of a guardian for such purposes shall not be necessary, provided that if no legal guardian be appointed, payment to the natural guardian shall be sufficient.

(d) If there be a surviving child or children of the deceased but no surviving spouse, then for the support of each such child twenty-five percent (25%) of the wages of the deceased, provided that the aggregate shall in no case exceed sixty-six and two-thirds percent (66-2/3%) of such wages, subject to the maximum limitations as to weekly benefits as set up in this chapter.

(e) If there be no surviving spouse or child, or if the amount payable to a surviving spouse and to children shall be less in the aggregate than sixty-six and two-thirds percent (66-2/3%) of the average wages of the deceased, subject to the maximum limitations as to weekly benefits as set up in this chapter, then for the support of grandchildren or brothers and sisters, if dependent upon the deceased at the time of the injury, fifteen percent (15%) of such wages for the support of each such person; and for the support of each parent or grandparent of the deceased, if dependent upon him at the time of injury, fifteen percent (15%) of such wages during such dependency. But in no case shall the aggregate amount payable under this subsection exceed the difference between sixty-six and two-thirds percent (66-2/3%) of such wages and the amount payable as hereinbefore provided to surviving spouse and for the support of surviving child or children, subject to the maximum limitations as to weekly benefits as set up in this chapter.

(f) The total weekly compensation payments to any or all beneficiaries in death cases shall not exceed the weekly benefits as set up in this chapter and shall in no case be paid for a longer period than four hundred fifty (450) weeks or for a greater amount 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.

(g) All questions of dependency shall be determined as of the time of the injury. A surviving spouse, child or children shall be presumed to be wholly dependent. All other dependents shall be considered on the basis of total or partial dependence as the facts may warrant.

Codes, 1942, § 6998-13; Laws, 1948, ch. 354, § 9; Laws, 1950, ch. 412, § 7; Laws, 1958, ch. 454, § 4; Laws, 1968, ch. 559, § 7; Laws, 1972, ch. 522, § 5; Laws, 1976, ch. 459, § 4; Laws, 1979, ch. 442, § 4; Laws, 1981, ch. 341, § 4; reenacted by Laws, 1982, ch. 473, § 13; Laws, 1984, ch. 402, § 4; Laws, 1984, ch. 499, § 2; Laws, 1988, ch. 446, § 5; reenacted without change, Laws, 1990, ch. 405, § 13; Laws, 2012, ch. 522, § 6, eff. 7/1/2012.

Notes of Decisions

Cited in 9 cases, 1982–2020 · leading case: Wilson v. Serv. Broadcasters, Inc.(WDAM), 483 So. 2d 1339 (Miss. 1986).

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Wilson v. Serv. Broadcasters, Inc.(WDAM), 483 So. 2d 1339 (Miss. 1986). · cites it 5× “PRATHER, Justice, for the Court: The primary issues of this appeal are the applicability of the "going and coming" rule and the constitutionality of the prior, unamended version of Miss. Code Ann. § 71-3-25 . David B. Wilson, husband of the deceased Cynthia Gail Wilson, and…”

Morris v. WE Blain & Sons, Inc., 511 So. 2d 945 (Miss. 1987). · cites it 2× “See Miss. Code Ann. § 71-3-25 (1972). We find both claims meritless.”

Road Maint. Supply v. Dep. of Maxwell, 493 So. 2d 318 (Miss. 1986). “Miss. Code Ann. § 71-3-25 (Supp. 1985). Payment of death benefits in the maximum amount allowed under the act in the ordinary case compensates these dependents for substantially less than half their actual economic losses.”

Ingalls Shipbuilding v. Dependents of Sloane, 480 So. 2d 1117 (Miss. 1985). “See also, *1120 Miss. Code Ann. §§ 71-3-25 , 71-3-3( o ) (1972).”

Bobbie Young v. Air Masters Mech. Inc. (Miss. Ct. App. 2019). · cites it 4× “Miss. Code Ann. § 71-3-25 (g) (Supp. 2018).”

Bobbie Young, on behalf of the Heirs of Daniel Lee Tewksbury v. Air Masters Mech. Inc. & Associated Gen. Contractors of Mississippi Inc. (Miss. 2020). · cites it 3× “Miss. Code Ann. § 71-3-25 . ¶11. At the time of the injury that resulted in his death, Daniel had no dependents and left no statutory dependents.”

Descendants of Gilmer v. Nolen Sistrunk Trucking, Inc., 892 So. 2d 825 (Miss. Ct. App. 2004). · cites it 2× “” Miss.Code Ann. § 71-3-25(g) (Rev.2000). The parties stipulated that Melissa Brown was the natural child of Terry Gilmer.”

Est. of Cleveland v. Heritage Props., Inc., 150 So. 3d 735 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 71-3-25 (Rev.2011). . Dr.”

Hedgpeth v. Hair, 418 So. 2d 814 (Miss. 1982). “Lizzie Hair, widow and administratrix of deceased, filed a motion to controvert workmen’s compensation death benefits and a hearing was held whereupon the administrative judge ordered appellant to pay Lizzie Hair among other amounts, all benefits due her pursuant to Miss. Code…”

— Miss. Code Ann. § 71-3-25(g) — 1 case

Descendants of Gilmer v. Nolen Sistrunk Trucking, Inc., 892 So. 2d 825 (Miss. Ct. App. 2004). “” Miss.Code Ann. § 71-3-25(g) (Rev.2000). The parties stipulated that Melissa Brown was the natural child of Terry Gilmer.”

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