Mississippi Code

Miss. Code Ann. § 71-3-75 (2026)

Security for payment of compensation

✓ current as of July 2026

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(1)Insurance of liability: An employer liable under this chapter to pay compensation shall insure payment of such compensation by a carrier authorized to insure such liability in this state unless such employer shall be exempted from doing so by the commission.

(2)Exemption from insuring: An employer desiring to be exempt from insuring its liability for compensation shall make application to the commission, showing its financial ability to pay such compensation and agreeing as a condition for the granting of the exemption to faithfully report all injuries under compensation according to law and the requirement of the commission, and to comply with the provisions of this chapter and the rules of the commission pertaining to the administration thereof; whereupon the commission by written order may make such exemption. The commission may from time to time require further statement of financial ability of such employer to pay compensation and may, upon ten (10) days' notice in writing, for financial reasons or for failure of the employer to faithfully discharge its obligations according to the agreements contained in its application for exemption, revoke the order granting such exemption, in which case such employer shall immediately insure its liability as otherwise required under this chapter. As a condition for the granting of an exemption, the commission shall have authority to require the employer to furnish such security as the commission may consider sufficient to insure payment of all claims of such employer under compensation. State agencies qualified as self-insured status shall not be required to furnish any security to insure or guarantee payment of claims or expenses and shall not be required to establish and maintain reserves for claims incurred but not reported and expenses associated therewith, as a condition for the granting or continuation of an exemption as herein provided. Where the security is in the form of a bond or other personal guaranty, the commission may, at any time either before or after the entry of an award upon at least ten (10) days' notice and opportunity to be heard, require the sureties to pay the amount of the award, the same to be enforced in like manner as the award itself may be enforced. Where an employer procures an exemption as herein provided and thereafter enters into any form of agreement for insurance coverage with an insurance company or interinsurer not licensed to operate in this state, its conduct shall automatically operate as a revocation of such exemption. An order exempting an employer from insuring its liability for compensation shall be null and void if the application contains a financial statement which is false in any material respect. The commission shall revoke the self-insurance permit if the employer is found to have directly or indirectly induced an employee to forego his right to workers' compensation benefits.

(3)Pooling of liabilities: The commission may, under such rules and regulations as it prescribes, permit two (2) or more employers engaged in a common type of business activity or pursuit, or having other reasons to associate, to enter into agreements to pool their liabilities under this section for the purpose of qualifying as group self-insurers, and, in conjunction therewith, to enter into agreements to pool any other liabilities to their employees, and each employer member of such approved group shall be classified as a self-insurer. A self-insured group under this section shall be comprised of employer members of the same bona fide trade association or trade group. Such trade association or trade group shall be domiciled in the State of Mississippi, shall have been in existence for five (5) or more consecutive years as of the date of application for an approved group and shall not be comprised solely of employer members who are affiliates of a person possessing controlling interest in such affiliates.

Codes, 1942, § 6998-38; Laws, 1948, ch. 354, § 32; reenacted without change, Laws, 1982, ch. 473, § 38; Laws, 1988, ch. 560; reenacted without change, Laws, 1990, ch. 405, § 40; Laws, 2004, ch. 347, § 1; Laws, 2006, ch. 526, § 1, eff. 4/3/2006.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1986–2021 · leading case: H.G. Perkins v. Ins. Co. of North Am..

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H.G. Perkins v. Ins. Co. of North Am. (5th Cir. 1986). “After Perkins filed suit against INA, his employer, which was self-insured for worker’s compensation as authorized by Miss. Code Ann. § 71-3-75 , filed a motion to intervene, claiming it was entitled to subrogate the worker’s compensation benefits it paid Perkins against any…”

Lámar v. Thomas Fowler Trucking, Inc. (Miss. 2007). “Miss.Code Ann. § 71-3-75(3) (Rev.2000). There is no evidence Fowler Trucking complied with these procedures.”

Lámar v. Thomas Fowler Trucking, Inc. (Miss. Ct. App. 2006). “Miss.Code Ann. § 71-3-75 (Rev. 2000). In this case, Golden Timber did not obtain insurance through a carrier but was a member of the Mississippi Loggers Self-Insured Fund.”

Jackson Cnty. Sch. Dist. v. South Mississippi Workers Comp. Fund (Miss. Ct. App. 1998). “As the regulatory body responsible for the certification and regulation of self-insurance pursuant to Miss.Code Ann. § 71-3-75 (Rev.1995), the Mississippi Workers’ Compensation Commission (“MWCC” or “Commission”) by order dated July 11,1995, directed: (1) that the Fund continue…”

Washington v. Tem's Junior, Inc. (Miss. Ct. App. 2008). “See Miss.Code Ann. § 71-3-75 (Supp.2007). When an employer “secure[s] payment of compensation” through a workers’ compensation insurance policy, the employer’s statutory responsibility to pay workers’ compensation benefits becomes the responsibility of the carrier.”

Former Bd. of Trs. & Members of Mississippi Comp Choice Self-Insurers Fund v. Mississippi Workers' Comp. Gr (Miss. 2014). · cites it 5× “” Miss. Code Ann. § 71-3-75 (3) (Rev. 2011).”

Washington v. Tem's Junior, Inc. (Miss. Ct. App. 2008). “See Miss.Code Ann. § 71-3-75 (Supp. 2007). When an employer "secure[s] payment of compensation" through a workers' compensation insurance policy, the employer's statutory responsibility to pay workers' compensation benefits becomes the responsibility of the carrier.”

Mississippi Dep't of Econ. & Cmty. Dev. v. Gen. Reinsurance Corp. (Miss. Ct. App. 2021). “Miss. Code Ann. § 71-3-75 (3) (allowing group self-insurers meeting specified requirements).”

Dustin Ray Rhodes vs Bamaco, Inc. (11th Cir. 2011). “2008) (citing Miss.Code Ann. § 71-3-75). Bamaco established that it had “secured payment” by obtaining workers’ compensation insurance in Mississippi from Twin City Fire Insurance Company and that Twin City Fire Insurance had a valid “Mississippi Privilege License” on the date…”

Julianna Lamar v. Thomas Fowler Trucking, Inc. (Miss. 2003). “Miss. Code Ann. § 71-3-75 (3) (Rev. 2000).”

Jackson Cnty. Sch. Dist. v. South Mississippi Workers' Comp. Fund (Miss. 1997). “As the regulatory body responsible for the certification and regulation of self-insurance pursuant to Miss. Code Ann. § 71-3-75 (Rev. 1995), the Mississippi Workers' Compensation Commission ("MWCC" or "Commission") by order dated July 11, 1995, directed: (1) that the Fund…”

Jackson Cnty. Sch. Dist. v. South Mississippi Workers' Comp. Fund (Miss. 1997). “As the regulatory body responsible for the certification and regulation of self-insurance pursuant to Miss. Code Ann. § 71-3-75 (1995), the Workers' Compensation Commission by order dated July 11, 1995, directed: (1) the Fund continue in operation under the Certificate of…”

Show all 13 citing cases →

— Miss. Code Ann. § 71-3-75(1995) — 1 case

Jackson Cnty. Sch. Dist. v. South Mississippi Workers' Comp. Fund (Miss. 1999).

— Miss. Code Ann. § 71-3-75(3) — 2 cases

Lámar v. Thomas Fowler Trucking, Inc. (Miss. 2007). “Miss.Code Ann. § 71-3-75(3) (Rev.2000). There is no evidence Fowler Trucking complied with these procedures.”

Former Bd. of Trs. & Members of Mississippi Comp Choice Self-Insurers Fund v. Mississippi Workers' Comp. Gr (Miss. 2014). “” Miss. Code Ann. § 71-3-75 (3) (Rev. 2011).”

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