Mississippi Code

Miss. Code Ann. § 71-3-71 (2026)

Compensation for injuries where third parties are liable

✓ current as of July 2026

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The acceptance of compensation benefits from or the making of a claim for compensation against an employer or insurer for the injury or death of an employee shall not affect the right of the employee or his dependents to sue any other party at law for such injury or death, but the employer or his insurer shall be entitled to reasonable notice and opportunity to join in any such action or may intervene therein. If such employer or insurer join in such action, they shall be entitled to repayment of the amount paid by them as compensation and medical expenses from the net proceeds of such action (after deducting the reasonable costs of collection) as hereinafter provided.

The commencement of an action by an employee or his dependents (or legal representative) against a third party for damages by reason of the injury, or the adjustment of any such claim, shall not affect the right of the injured employee or his dependents (or legal representative) to recover compensation, but any amount recovered by the injured employee or his dependents (or legal representative) from a third party shall be applied as follows: reasonable costs of collection as approved and allowed by the court in which such action is pending, or by the commission of this state in case of settlement without suit, shall be deducted; the remainder, or so much thereof as is necessary, shall be used to discharge the legal liability of the employer or insurer; and any excess shall belong to the injured employee or his dependents. The employee or his dependents bringing suit against the third party must notify the employer or carrier within fifteen (15) days of the filing of such suit.

An employer or compensation insurer who shall have paid compensation benefits under this chapter for the injury or death of the employee shall have the right to maintain an action at law against any other party responsible for such injury or death, in the name of such injured employee or his beneficiaries, or in the name of such employer or insurer, or any or all of them. If reasonable notice and opportunity to be represented in such action by counsel shall have been given to the compensation beneficiary, all claims of such compensation beneficiary shall be determined in such action, as well as the claim of the employer or insurer. If recovery shall be had against such other party, by suit or otherwise, the compensation beneficiary shall be entitled to any amount recovered over and above the amount that the employer and insurer shall have paid or are liable for in compensation or other benefits, after deducting the reasonable costs of collection.

In case of settlement of any action before the trial thereof, such settlement shall be subject to the approval of the court wherein such action is pending, and settlement before an action is brought shall be subject to the approval of the commission. Distribution of the portion belonging to the dependents shall be made among such dependents in the manner provided in this chapter.

In case of liability of the employer or insurer to make payment to the state treasury under the second injury fund provisions, if the injury or death creates a legal liability against a third party, the employer or insurer shall have a right of action against such third party for reimbursement of any sum so paid into the state treasury, which right may be enforced in the action heretofore provided or by an independent action.

Codes, 1942, § 6998-36; Laws, 1948, ch. 354, § 30; reenacted without change, Laws, 1982, ch. 473, § 36; reenacted without change, Laws, 1990, ch. 405, § 38, eff. 7/1/1990.

Notes of Decisions

Cited in 48 cases (5 in the last 5 years), 1974–2024 · leading case: Liberty Mut. Ins. Co. v. Shoemake, 111 So. 3d 1207 (Miss. 2013).

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Liberty Mut. Ins. Co. v. Shoemake, 111 So. 3d 1207 (Miss. 2013). · cites it 5× “See Miss.Code Ann. § 71-3-71 (Rev.2011). The real question before us then is whether a statutory subrogation claim under Section 71-3-71 may be brought in a separate action after the conclusion of a third-party action in which the insurer had notice but did not join or intervene.”

N. Elec. Co. v. Phillips, 660 So. 2d 1278 (Miss. 1995). · cites it 2× “Miss. Code Ann. § 71-3-71 (1972) allows an employee and his employer to commence an action against any other party for such injuries *1283 as the employee might receive, specifically providing: The acceptance of compensation benefits from or the making of a claim for…”

Federated Mut. Ins. Co. v. McNeal, 943 So. 2d 658 (Miss. 2006). · cites it 2× “On appeal, Federated raises only the question of "[w]hether the lower Court erred in holding the equitable `made whole' doctrine applies to statutory workers' compensation subrogation liens, despite the clear language of Miss.Code Ann. § 71-3-71." I. Mississippi Workers'…”

Mississippi Ins. Guar. Ass'n v. Blakeney, 54 So. 3d 203 (Miss. 2011). · cites it 3× “Miss.Code Ann. § 71-3-71 (Rev.2000) (emphasis added).”

Hurdle v. Holloway, 848 So. 2d 183 (Miss. 2003). “" Miss.Code Ann. § 71-3-71 (Rev. 2000). Holloway is not suing the Hurdles in their ownership capacity of Hurdle & Son, he is suing Sam and J.”

Richmond v. Benchmark Const. Corp., 692 So. 2d 60 (Miss. 1997). “§ 71-3-9 (1972), dictates workmen's compensation as an employee's exclusive remedy against his employer, Miss. Code Ann. § 71-3-71 (1972), grants the employee or his dependents the right to sue at law "any other party.”

ACS Recovery Servs., Inc. v. Larry Griffi, 723 F.3d 518 (5th Cir. 2013). “152, § 15 ; Miss.Code Ann. § 71-3-71; Nev.Rev. Stat. § 616C.”

Harris v. Magee, 573 So. 2d 646 (Miss. 1990). “In that case, we strictly construed the language of Miss. Code Ann. § 71-3-71 (1972), which reads, in part: An employer or compensation insurer who shall have paid compensation benefits under this chapter for the injury or death of the employee shall have the right to maintain…”

Morris v. WE Blain & Sons, Inc., 511 So. 2d 945 (Miss. 1987). · cites it 2× “presents a unique question to this Court: should a subcontractor working under a prime contractor receive immunity from suit for an accidental injury to an employee of a fellow subcontractor working on the same job? Stated differently, the question is whether a subcontractor on…”

Leslie v. City of Biloxi, 758 So. 2d 430 (Miss. 2000). “[2] Miss.Code Ann. § 71-3-71 allows an employer or compensation insurer paying benefits under the workers' compensation law to maintain an action at law against any other party responsible for such injury in the name of the insured employee or his beneficiaries, or in the name…”

Reikes v. Martin, 471 So. 2d 385 (Miss. 1985). “While this case was decided under the Workmen's Compensation statute, Miss. Code Ann. § 71-3-71 (1972), that section is remarkably similar to § 43-13-125, which gives the Medicaid Commission the right to intervene.”

Sneed v. Verdun, 611 So. 2d 947 (Miss. 1992). · cites it 3× “*948 On November 28, 1989, the Harrison County Circuit Court authorized the settlement and dismissal of the action against Verdun and Body Shop with prejudice, but retained jurisdiction for proper disbursement of proceeds pursuant to Miss. Code Ann. § 71-3-71 , and directed that…”

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