Mississippi Code
Miss. Code Ann. § 71-3-35 (2026)
Limitation
✓ current as of July 2026
- (1) No claim for compensation shall be maintained unless, within thirty (30) days after the occurrence of the injury, actual notice was received by the employer or by an officer, manager, or designated representative of an employer. If no representative has been designated by posters placed in one or more conspicuous places, then notice received by any superior shall be sufficient. Absence of notice shall not bar recovery if it is found that the employer had knowledge of the injury and was not prejudiced by the employee's failure to give notice. Regardless of whether notice was received, if no payment of compensation (other than medical treatment or burial expense) is made and no application for benefits filed with the commission within two (2) years from the date of the injury or death, the right to compensation therefor shall be barred.
- (2) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the limitation for filing application for benefits shall not be applicable so long as such person has no guardian or other authorized representative, but shall be applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age.
- (3) Where recovery is denied to any person, in a suit brought at law or admiralty to recover damages in respect of injury or death, on the ground that such person was an employee and that the defendant was an employer within the meaning of this chapter and that such employer had secured compensation to such employee under this chapter, the limitation upon filing application for benefits shall begin to run only from the date of termination of such suit.
Codes, 1942, § 6998-18; Laws, 1948, ch. 354, § 12; reenacted without change, Laws, 1982, ch. 473, § 18; reenacted without change, Laws, 1990, ch. 405, § 18, eff. 7/1/1990.
Notes of Decisions
Cited in 39
cases (2 in the last 5 years), 1977–2025 · leading case: South Cent. Bell Tel. Co. v. Aden, 474 So. 2d 584 (Miss. 1985).
South Cent. Bell Tel. Co. v. Aden, 474 So. 2d 584 (Miss. 1985). “Upon review, [1] the Mississippi Workers' Compensation Commission found that claimant had sustained an accidental injury arising out of and in the course of her employment with employer on May 12, 1978, that the injury had become disabling on May 16, 1978, and that employer had…”
Donald v. Amoco Prod. Co., 735 So. 2d 161 (Miss. 1999). “1986) (application of discovery rule to Miss.Code Ann. § 71-3-35(1) for worker's compensation benefits for latent injuries).”
Georgia Pac. Corp. v. Taplin, 586 So. 2d 823 (Miss. 1991). “Georgia Pacific contends that the administrative judge, Commission, and circuit court erred in holding that Taplin's *825 claim was not barred by Miss. Code Ann. § 71-3-35 (1) (Supp. 1990), since Taplin filed no application for benefits with the Mississippi Workers' Compensation…”
Holbrook v. Albright Mobile Homes, Inc., 703 So. 2d 842 (Miss. 1997). “The letter stated, however, that because no claim had been filed with the Commission within two years of David's death as required by Miss. Code Ann. § 71-3-35 , USF & G was denying any benefits to the estate of David Holbrook.”
Owens-Illinois, Inc. v. Edwards, 573 So. 2d 704 (Miss. 1990). “In the area of workers' compensation, the applicable statute, Miss. Code Ann. § 71-3-35 (1), states only that an application for benefits must be filed with the commission "within two years from the date of the injury or death.”
Howard Indus., Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002). “Miss. Code Ann. § 71-3-35 (Supp.2001). Dr.”
Prentice v. Schindler Elevator Co., 13 So. 3d 1258 (Miss. 2009). “Regardless of whether notice was received, if no payment of compensation (other than medical treatment or burial expense) is made and no application for benefits filed with the commission within two years from the date of the injury or death, the right to compensation therefor…”
Jordan v. Pace Head Start, 852 So. 2d 28 (Miss. Ct. App. 2002). “Regardless of whether notice was received, if no payment of compensation (other than medical treatment or burial expenses) is made and no application for benefits filed with the commission within two (2) years from the date of the injury or death, the right to compensation…”
Adolphe Lafont USA, Inc. v. Ayers, 958 So. 2d 833 (Miss. Ct. App. 2007). “" Miss.Code Ann. § 71-3-35(1). Adolphe argues that Ayers failed to give notice of the injury within thirty days, and it was not until December 2002 when the company found out that she was injured.”
Mississippi Transp. Com'n v. Dewease, 691 So. 2d 1007 (Miss. 1997). “Contrary to the Highway Commission's assertions, however, Dewease's claim is not barred by laches, estoppel or the statutes of limitation provided by Miss. Code Ann. §§ 71-3-35 (1) and 71-3-53 because medical benefits had been paid to Dewease.”
Brock v. Hankins Lumber Co., 786 So. 2d 1064 (Miss. Ct. App. 2000). “Miss.Code Ann. § 71-3-35 (Rev.1995). The Supreme Court has identified two exceptions.”
Baker v. IGA Super Valu Food Store, 990 So. 2d 254 (Miss. Ct. App. 2008). “Miss.Code Ann. § 71-3-35(1) (Rev.2000). Accordingly, a claim for workers' compensation benefits is barred where the claim is filed more than two years after the injury and where the claimant did not receive compensation other than medical treatment within the two-year period.”
— Miss. Code Ann. § 71-3-35(1) — 17 cases
Donald v. Amoco Prod. Co., 735 So. 2d 161 (Miss. 1999). “1986) (application of discovery rule to Miss.Code Ann. § 71-3-35(1) for worker's compensation benefits for latent injuries).”
Prentice v. Schindler Elevator Co., 13 So. 3d 1258 (Miss. 2009). “Regardless of whether notice was received, if no payment of compensation (other than medical treatment or burial expense) is made and no application for benefits filed with the commission within two years from the date of the injury or death, the right to compensation therefor…”
Jordan v. Pace Head Start, 852 So. 2d 28 (Miss. Ct. App. 2002). “Regardless of whether notice was received, if no payment of compensation (other than medical treatment or burial expenses) is made and no application for benefits filed with the commission within two (2) years from the date of the injury or death, the right to compensation…”
Adolphe Lafont USA, Inc. v. Ayers, 958 So. 2d 833 (Miss. Ct. App. 2007). “" Miss.Code Ann. § 71-3-35(1). Adolphe argues that Ayers failed to give notice of the injury within thirty days, and it was not until December 2002 when the company found out that she was injured.”
Baker v. IGA Super Valu Food Store, 990 So. 2d 254 (Miss. Ct. App. 2008). “Miss.Code Ann. § 71-3-35(1) (Rev.2000). Accordingly, a claim for workers' compensation benefits is barred where the claim is filed more than two years after the injury and where the claimant did not receive compensation other than medical treatment within the two-year period.”
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