Mississippi Code
Miss. Code Ann. § 71-3-3 (2026)
Definitions
✓ current as of July 2026
Unless the context otherwise requires, the definitions which follow govern the construction and meaning of the terms used in this chapter:
- (a) "Person" includes an individual, firm, voluntary association or a corporation.
- (b) "Injury" means accidental injury or accidental death arising out of and in the course of employment without regard to fault which results from an untoward event or events, if contributed to or aggravated or accelerated by the employment in a significant manner. Untoward event includes events causing unexpected results. An untoward event or events shall not be presumed to have arisen out of and in the course of employment, except in the case of an employee found dead in the course of employment. This definition includes injuries to artificial members, and also includes an injury caused by the willful act of a third person directed against an employee because of his employment while so employed and working on the job, and disability or death due to exposure to ionizing radiation from any process in employment involving the use of or direct contact with radium or radioactive substances with the use of or direct exposure to roentgen (X-rays) or ionizing radiation. In radiation cases only, the date of disablement shall be treated as the date of the accident. Occupational diseases, or the aggravation thereof, are excluded from the term "injury," provided that, except as otherwise specified, all provisions of this chapter apply equally to occupational diseases as well as injury.
- (c) "Death," when mentioned as a basis for the right to compensation, means only death resulting from such an injury.
- (d) "Employee" means any person, including a minor whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or apprenticeship, written or oral, express or implied, provided that there shall be excluded therefrom all independent contractors and especially any individual performing service in, and at the time of, the sale of newspapers or magazines to ultimate consumers under an arrangement under which the newspapers or magazines are to be sold by the individual at a fixed price, the individual's compensation being based on the retention of the excess of such price over the amount at which the newspapers or magazines are charged to the individual, whether or not the individual is guaranteed a minimum amount of compensation for such service or is entitled to be credited with the unsold newspapers or magazines returned. A student of an educational institution who, as a part of such educational institution's curriculum, is receiving practical training at any facility, who is under the active and direct supervision of the personnel of the facility and/or an instructor of the educational institution, and who is not receiving wages as a consequence of participation in such practical training shall not be considered an employee of such facility on account of participation in such practical training.
- (e) "Employer," except when otherwise expressly stated, includes a person, partnership, association, corporation and the legal representatives of a deceased employer, or the receiver or trustee of a person, partnership, association or corporation.
- (f) "Carrier" means any person authorized in accordance with the provisions of this chapter to insure under this chapter and includes self-insurers.
- (g) "Self-insurer" is an employer who has been authorized under the provisions of this chapter to carry his own liability on his covered employees without insuring in a stock or mutual carrier.
- (h) "Commission" means the Workers' Compensation Commission.
- (i) "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, which incapacity and the extent thereof must be supported by medical findings.
- (j) "Compensation" means the money allowance payable to an injured worker or his dependents as provided in this chapter, and includes funeral benefits provided therein.
- (k) "Wages" includes the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of injury, and also the reasonable value of board, rent, housing, lodging or similar advantage received from the employer and gratuities received in the course of employment from others than the employer. The term "wages" shall not include practical training received by students of an educational institution as a part of such educational institution's curriculum.
- (l) "Child" shall include a posthumous child, a child legally adopted prior to the injury of the employee, a child in relation to whom the deceased employee stood in the place of a parent for at least one (1) year prior to the time of injury and a stepchild or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. "Grandchild" means a child as above defined of a child as above defined. "Brother" and "sister" include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. "Child," "grandchild," "brother" and "sister" include only persons who are under eighteen (l8) years of age, and also persons who, though eighteen (l8) years of age or over, are wholly dependent upon the deceased employee and incapable of self-support by reason of mental or physical disability, and also a child eighteen (18) years of age or older, until his twenty-third birthday, who is dependent upon the deceased and is pursuing a full-time education.
- (m) "Parent" includes stepparents and parents by adoption, parents-in-law or any person who for more than three (3) years prior to the death of the deceased employee stood in the place of a parent to him, or her, if dependent on the injured employee.
- (n) The term "surviving spouse" includes the decedent's legal wife or husband, living with him or her or dependent for support upon him or her at the time of death or living apart for justifiable cause or by reason of desertion at such time, provided, however, such separation had not existed for more than three (3) years without an award for separate maintenance or alimony or the filing of a suit for separate maintenance or alimony in the proper court in this state. The term "surviving spouse" shall likewise include one not a legal wife or husband but who had entered into a ceremonial marriage with the decedent at least one (1) year prior to death and who, on the date of the decedent's death, stood in the relationship of a wife or husband, provided there was no living legal spouse who had protected her or his rights for support by affirmative action as hereinabove required. The term "surviving spouse" as contemplated in this chapter shall not apply to any person who has, since his or her separation from decedent, entered into a ceremonial marriage or lived in open adultery with another.
- (o) The term "adoption" or "adopted" means legal adoption prior to the time of the injury.
- (p) The singular includes the plural and the masculine includes the feminine and neuter.
- (q) It is expressly provided, agreed and understood in determining beneficiaries under this section that a surviving spouse suffering a mental or physical handicap and children under the age of eighteen (18) years are presumed to be dependent.
- (r) "Independent contractor" means any individual, firm or corporation who contracts to do a piece of work according to his own methods without being subject to the control of his employer except as to the results of the work, and who has the right to employ and direct the outcome of the workers independent of the employer and free from any superior authority in the employer to say how the specified work shall be done or what the laborers shall do as the work progresses, one who undertakes to produce a given result without being in any way controlled as to the methods by which he attains the result.
- (s) "Average weekly wage for the state" means an amount determined by the commission as of October 1 of each year based upon wage and employment statistics reported to the commission by the Mississippi Employment Security Commission. Such amount shall be based upon data for the preceding twelve-month period and shall be effective from and after January 1 of the following year.
Codes, 1942, § 6998-02; Laws, 1948, ch. 354, § 2; Laws, 1950, ch. 412, § 1; Laws, 1956, ch. 344; Laws, 1960, ch. 276; Laws, 1962, ch. 473; Laws, 1968, ch. 559, § 2; Laws, 1980, ch. 475, § 1; reenacted, Laws, 1982, ch. 473, § 2; Laws, 1984, ch. 499, § 1; Laws, 1988, ch. 446, § 1; reenacted without change, Laws, 1990, ch. 405, § 2; Laws, 1991, ch. 495, § 1, eff. 7/1/1991.
Notes of Decisions
Cited in 167
cases (16 in the last 5 years), 1982–2026 · leading case: Lott v. Hudspeth Ctr., 26 So. 3d 1044 (Miss. 2010).
Lott v. Hudspeth Ctr., 26 So. 3d 1044 (Miss. 2010). “" Miss. Code Ann. § 71-3-3 (i) (Rev.2000) (emphasis *1049 added) [1] .”
Magee v. Transcontinental Gas Pipe Line, 551 So. 2d 182 (Miss. 1989). “Miss. Code Ann. § 71-3-3 (d) (Supp. 1989) includes within "employee" any person "in the service of an employer under any contract of hire .”
Franklin Corp. v. Tedford, 18 So. 3d 215 (Miss. 2009). “However, based upon the statutory requirement that the "injury" be "accidental" to be compensable under the Act, see Mississippi Code Sections 71-3-3(b), 71-3-7, this Court has found that some intentional torts are outside the scope of the exclusivity provision in Mississippi…”
Walker Mfg. Co. v. Cantrell, 577 So. 2d 1243 (Miss. 1991). “That we may have found the fact otherwise, had we been the triers of the fact, is similarly of no moment, so long as the record contains credible evidence which, if believed, would take the Commission's decision out of the realm of the arbitrary.”
Vance v. Twin River Homes, Inc., 641 So. 2d 1176 (Miss. 1994). “Miss. Code Ann. §§ 71-3-3 , 71-3-7 (1989).”
Hale v. Ruleville Health Care Ctr., 687 So. 2d 1221 (Miss. 1997). “The Circuit Judge considered the Commission's award of permanent partial disability benefits to be unsupported by medical evidence and accordingly reversed the Commission's award.”
Howard Indus., Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002). “" Miss.Code Ann. § 71-3-3(b) (Rev.2000). Howard alleges that this injury occurred elsewhere.”
Webster v. Mississippi Publishers Corp., 571 So. 2d 946 (Miss. 1990). “See Miss. Code Ann. § 71-3-3 -(s) (1972) (control as to result does not make one employer under Worker's Compensation Statute); Fruchter, 522 So.”
Blailock v. O'BANNON, 795 So. 2d 533 (Miss. 2001). “Miss.Code Ann. § 71-3-3 stated that "[i]f the harm to the worker includes physical results, there is an "accidental injury" if either the event resulting in harm or the harm itself is unexpected.”
Lifestyle Furnishings v. Tollison, 985 So. 2d 352 (Miss. Ct. App. 2008). “” Miss.Code Ann. § 71-3-3(i) (Rev. 2000). This definition refers to an occupational disability rather than to a medical disability.”
KLLM, Inc. v. Fowler, 589 So. 2d 670 (Miss. 1991). “Miss. Code Ann. § 71-3-3 (b) (Rev. 1989) provides: "Injury" means accidental injury or accidental death arising out of and in the course of employment without regard to fault which results from an untoward event or events, if contributed to or aggravated or accelerated by the…”
Lanterman v. Roadway Exp., Inc., 608 So. 2d 1340 (Miss. 1992). “" Miss. Code Ann. § 71-3-3 (i) (Supp. 1991).”
— Miss. Code Ann. § 71-3-3(0) — 1 case
Washington v. Woodland Vill. Nursing Home, 25 So. 3d 341 (Miss. Ct. App. 2009).
— Miss. Code Ann. § 71-3-3(1) — 7 cases
Lott v. Hudspeth Ctr., 26 So. 3d 1044 (Miss. 2010). “" Miss. Code Ann. § 71-3-3 (i) (Rev.2000) (emphasis *1049 added) [1] .”
Ameristar Casino-Vicksburg v. Rawls, 2 So. 3d 675 (Miss. Ct. App. 2008).
Shipp v. Thomas & Betts, 13 So. 3d 332 (Miss. Ct. App. 2009).
Ard v. Marshall Durbin Companies, 818 So. 2d 1240 (Miss. Ct. App. 2002).
Est. of Justin v. Smith, 130 So. 3d 508 (Miss. 2014).
— Miss. Code Ann. § 71-3-3(I) — 5 cases
Lott v. Hudspeth Ctr., 26 So. 3d 1044 (Miss. 2010). “" Miss. Code Ann. § 71-3-3 (i) (Rev.2000) (emphasis *1049 added) [1] .”
Bryan Foods, Inc. v. White, 913 So. 2d 1003 (Miss. Ct. App. 2005).
Mueller Copper Tube Co., Inc. v. Upton, 930 So. 2d 428 (Miss. Ct. App. 2005).
Richards v. Harrah's Ent., Inc., 881 So. 2d 329 (Miss. Ct. App. 2004).
Goodlow v. Marietta-Am., 919 So. 2d 149 (Miss. Ct. App. 2005).
— Miss. Code Ann. § 71-3-3(Z) — 1 case
Descendants of Gilmer v. Nolen Sistrunk Trucking, Inc., 892 So. 2d 825 (Miss. Ct. App. 2004).
— Miss. Code Ann. § 71-3-3(b) — 26 cases
Franklin Corp. v. Tedford, 18 So. 3d 215 (Miss. 2009). “However, based upon the statutory requirement that the "injury" be "accidental" to be compensable under the Act, see Mississippi Code Sections 71-3-3(b), 71-3-7, this Court has found that some intentional torts are outside the scope of the exclusivity provision in Mississippi…”
Total Transp., Inc. of Miss. v. Shores, 968 So. 2d 400 (Miss. 2007).
Howard Indus., Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002). “" Miss.Code Ann. § 71-3-3(b) (Rev.2000). Howard alleges that this injury occurred elsewhere.”
Bevis v. Linkous Const. Co., Inc., 856 So. 2d 535 (Miss. Ct. App. 2003).
Daniels v. Peco Foods of Mississippi, Inc., 980 So. 2d 360 (Miss. Ct. App. 2008).
— Miss. Code Ann. § 71-3-3(b)(2000) — 2 cases
Newell v. S. Jitney Jungle Co., 830 So. 2d 621 (Miss. 2002).
Blailock v. O'BANNON, 795 So. 2d 533 (Miss. 2001). “Miss.Code Ann. § 71-3-3 stated that "[i]f the harm to the worker includes physical results, there is an "accidental injury" if either the event resulting in harm or the harm itself is unexpected.”
— Miss. Code Ann. § 71-3-3(d) — 4 cases
Mathis v. Jackson Cnty. Bd. of Supervisors, 916 So. 2d 564 (Miss. Ct. App. 2005).
Shelby v. Peavey Elec. Corp., 724 So. 2d 504 (Miss. Ct. App. 1998).
John W. Fishel, Adm'r of the Est. of Stephen T. Fishel, Deceased v. Am. Sec. Life Ins. Co., 835 F.2d 613 (5th Cir. 1988).
Everett v. Nat'l Union Fire Ins., 857 F. Supp. 2d 611 (S.D. Miss. 2012).
— Miss. Code Ann. § 71-3-3(i) — 22 cases
Lott v. Hudspeth Ctr., 26 So. 3d 1044 (Miss. 2010). “" Miss. Code Ann. § 71-3-3 (i) (Rev.2000) (emphasis *1049 added) [1] .”
Lifestyle Furnishings v. Tollison, 985 So. 2d 352 (Miss. Ct. App. 2008). “” Miss.Code Ann. § 71-3-3(i) (Rev. 2000). This definition refers to an occupational disability rather than to a medical disability.”
Moore v. Indep. Life & Accident Ins. Co., 788 So. 2d 106 (Miss. Ct. App. 2001).
Univ. of Miss. Med. Ctr. v. Smith, 909 So. 2d 1209 (Miss. Ct. App. 2005).
Howard Indus., Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002). “" Miss.Code Ann. § 71-3-3(b) (Rev.2000). Howard alleges that this injury occurred elsewhere.”
— Miss. Code Ann. § 71-3-3(j) — 2 cases
Smith v. Jackson Const. Co., 607 So. 2d 1119 (Miss. 1992).
Siemens Energy & Automation v. Pickens, 732 So. 2d 276 (Miss. Ct. App. 1999).
— Miss. Code Ann. § 71-3-3(n) — 1 case
Yager v. Gregory Cattle Co., 638 So. 2d 1266 (Miss. 1994).
— Miss. Code Ann. § 71-3-3(r) — 3 cases
Shelby v. Peavey Elec. Corp., 724 So. 2d 504 (Miss. Ct. App. 1998).
Concert Sys. USA, Inc. v. Weaver, 33 So. 3d 1186 (Miss. Ct. App. 2010).
Se. Auto Brokers v. Graves, 210 So. 3d 1012 (Miss. Ct. App. 2015).
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