Mississippi Code

Miss. Code Ann. § 71-3-9 (2026)

Exclusiveness of liability

✓ current as of July 2026

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(1) Except as provided under subsection (2) of this section, the liability of an employer to pay compensation shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages at common law or otherwise from such employer on account of such injury or death, except that if an employer fails to secure payment of compensation as required by this chapter, an injured employee, or his legal representative in case death results from the injury, may elect to claim compensation under this chapter, or to maintain an action at law for damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, nor that the employee assumed the risk of his employment, nor that the injury was due to the contributory negligence of the employee.

(2) An employer shall not be liable under this chapter to a first responder, as defined in Section 25-15-403, if such first responder elects to receive benefits under the "Mississippi First Responders Health and Safety Act."

Codes, 1942, § 6998-05; Laws, 1948, ch. 354, § 5; reenacted without change, Laws, 1982, ch. 473, § 5; reenacted without change, Laws, 1990, ch. 405, § 5, eff. 7/1/1990.

Amended by Laws, 2019, ch. 467, SB 2835,§ 6, eff. 7/1/2021.

Notes of Decisions

Cited in 135 cases (18 in the last 5 years), 1979–2026 · leading case: Russell v. Orr, 700 So. 2d 619 (Miss. 1997).

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Russell v. Orr, 700 So. 2d 619 (Miss. 1997). · cites it 5× “Orr nor PHS is immune from liability under Miss. Code Ann. § 71-3-9 (1995). Accordingly, the grant of summary judgment by the circuit court is reversed and the case remanded for a full trial on the merits.”

Richmond v. Benchmark Const. Corp., 692 So. 2d 60 (Miss. 1997). · cites it 2× “Miss. Code Ann. § 71-3-9 (1972). Section 71-3-7, in pertinent part, reads: Every employer to whom this chapter applies shall be liable for and shall secure the payment to his employees of the compensation payable under its provisions.”

Bowden v. Young, 120 So. 3d 971 (Miss. 2013). · cites it 2× “Miss. Code Ann. § 71-3-9 (Rev.2011). Alternatively, V & B argued that the claims against V & B were for intentional torts, with a statute of limitations of one year.”

Magee v. Transcontinental Gas Pipe Line, 551 So. 2d 182 (Miss. 1989). · cites it 2× “Miss. Code Ann. § 71-3-9 (1972). Transco's answer argued, first, that Singley, as an independent contractor, had assumed responsibility for the safety of the workplace and its employees, by reason of which Transco could not be held liable for the negligent maintenance of the…”

Nash v. Damson Oil Corp., 480 So. 2d 1095 (Miss. 1985). · cites it 3× “1982), and that Nash's exclusive remedy was compensation, Miss. Code Ann. § 71-3-9 (1972), payment of which Trigger had already secured.”

Franklin Corp. v. Tedford, 18 So. 3d 215 (Miss. 2009). · cites it 2× “Mississippi Code Section 71-3-9 provides, in part, that "[t]he liability of an employer to pay compensation shall be exclusive and in place of all other liability of such employer to the employee.”

Luckett v. Mississippi Wood Inc., 481 So. 2d 288 (Miss. 1985). · cites it 2× “In Count 1 of his complaint Luckett claims and asserts an intentional tort, charging his employer and its carrier with bad faith refusal to honor their obligations under the compensation act, entitling Luckett to general and punitive damages.”

Mississippi Power & Light Co. v. Cook, 832 So. 2d 474 (Miss. 2002). “Miss.Code Ann. § 71-3-9 (2000) provides that liability of an employer to pay compensation shall be exclusive and in place of all other liability of such employer to the employee.”

Morris v. WE Blain & Sons, Inc., 511 So. 2d 945 (Miss. 1987). · cites it 4× “The trial court granted summary judgment in favor of Blain & Sons and Traffic Control Products on the basis of the exclusive remedy provision of the Workers' Compensation law, Miss. Code Ann. § 71-3-9 (1972), and this Court's decision in Doubleday v.”

Lámar v. Thomas Fowler Trucking, Inc., 956 So. 2d 878 (Miss. 2007). · cites it 3× “See Miss.Code Ann. § 71-3-9. Once an "election of remedies" is made, then the party electing to proceed under the provisions of the Workers' Compensation Act is precluded from suing in tort.”

Medders v. U.S. Fid. & Guar. Co., 623 So. 2d 979 (Miss. 1993). · cites it 2× “" In this motion, the insurer argued that because the Medders were limited to workers compensation benefits pursuant to Miss. Code Ann. § 71-3-9 (1972), its motion requesting dismissal of the complaint should be granted.”

Liberty Mut. Ins. Co. v. McKneely, 862 So. 2d 530 (Miss. 2003). “Workers' compensation is the employee's exclusive remedy under Miss. Code Ann. § 71-3-9 (Rev.2000). However, there is an exception to exclusivity for situations in which the employer or the employer's insurer fail to pay benefits in bad faith.”

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