What Workers’ Compensation Insurance Requirements Apply in Mississippi?

The Mississippi Workers’ Compensation Commission’s 2013 facts sheet says employers with five employees regularly employed must secure workers’ compensation benefits; it says coverage is not mandatory below five. The statute and Commission rules add exclusions, written owner elections, motor-carrier proof options, and approval requirements for self-insurance.

What Is Workers’ Compensation Insurance?

Workers’ compensation can pay medical care and part of an employee’s lost wages after a work-related injury or illness. If you have staff, check who is covered in each state; owners, contractors and some workers may be treated differently. Read the national Workers’ compensation guide.

Mississippi Workers’ Compensation Insurance Requirements

RequirementDetails
Private-employer thresholdFive or more workmen or operatives regularly in the same business or establishment; MWCC says coverage is not mandatory below five. 1,2,6

What to Watch for With Workers’ Compensation in Mississippi

  • Regular Headcount

    Miss. Code § 71-3-5 covers a private employer with five or more workmen or operatives regularly in the same business or establishment under a contract of hire; MWCC’s 2013 facts sheet describes the same five-person threshold. Ask how your regular staffing is counted when headcount fluctuates, and confirm any owner exclusion before relying on a lower count. 2,1,6

  • Owner Elections Need Written Steps

    Section 71-3-5 permits an employer to exempt a sole proprietor, a partner, or a corporate employee owning at least 15% of its stock only through proper written action by the employer’s governing authority and the individual’s written agreement; the exempted owner is left out of the five-person count. Ask which election, consent, carrier notice, and policy record apply to each owner. 2,6

  • Farm, Domestic, And Nonprofit Work

    Section 71-3-5 excludes domestic servants, farmers, farm labor, and nonprofit charitable, fraternal, cultural, or religious organizations, but says the farm exclusion does not cover commercial processing of agricultural products and does not excuse an otherwise covered employer from covering workers subject to its unemployment tax. Ask your broker to separate farm operations from processing and review the actual worker classifications. 2,1,6

  • An Officer’s Status And Benefits Differ

    In a 2024 case, the Mississippi Supreme Court held that a corporate officer who rejected policy coverage remained an employee under the facts before it. Ask how the officer’s written election affects benefits and payroll reporting, and have the carrier document the election instead of treating the person as outside the workforce. 4

  • Motor Carriers Have A Separate Proof Rule

    Mississippi’s statute requires an owner-operator and the owner-operator’s drivers to give the motor carrier proof of workers’ compensation insurance, a self-insured plan, or occupational-accident coverage of at least $1 million. Without written proof, they are covered under the carrier’s workers’ compensation program and the carrier may collect the premium; ask the carrier to record which route and written election applies. 2,6

  • Self-Insurance Requires Commission Approval

    The Commission’s self-insurance rules require an application and Commission approval for individual or group self-insurance, with adequate security of at least $100,000 unless the Commission orders otherwise; groups also have separate qualification and renewal conditions. Ask for the active certificate and confirm whether your entity is an approved individual self-insurer or a member of an approved group before treating it as secured. 3

  • Replace Proof After Cancellation

    Commission General Rule 1.5 gives the employer 30 days after receiving an early-cancellation notice to furnish replacement proof of coverage; it cross-references penalties under § 71-3-83 for failing to do so. Ask the carrier when its notice was sent and received, and how it will file proof for the replacement policy. 5

Providers With Mississippi License Records

These providers publish a national listing for Workers’ compensation; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Mississippi. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Corgi

    Insurance producer · checked 2026-09-28

    Corgi Insurance Services, Inc.

    Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 17

    Corgi lists workers’ compensation insurance.

  • ERGO NEXT Insurance

    Insurance producer · checked 2026-09-28

    Next First Insurance Agency, Inc.

    ERGO NEXT’s current license table lists Next First Insurance Agency, Inc. in 50 jurisdictions, including Washington, DC; New York is excluded because its table rows name Next Insurance Services and AP Intego, not Next First. The table is company-reported; it does not establish product availability or provide state-regulator verification for each entry. 19

    ERGO NEXT offers workers’ compensation insurance for small businesses.

  • Hiscox

    Insurer · checked 2026-09-28

    Hiscox Insurance Company Inc.

    Hiscox’s U.S. company information states that Hiscox Insurance Company Inc. is licensed in all 50 states and the District of Columbia. This is company-reported insurer authority for this entity and does not establish which company issues every Hiscox-branded product. 18

    Hiscox provides access to workers’ compensation underwritten by Hartford Fire Insurance Company and requires a general liability policy.

  • TechInsurance

    Insurance producer · checked 2026-09-28

    Specialty Program Group LLC

    TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 20

    TechInsurance arranges workers’ compensation insurance for small businesses.

  • Vouch

    Insurance producer, Surplus-lines broker · checked 2026-09-28

    Vouch Specialty Insurance Services, LLC

    Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 21

    Vouch lists workers’ compensation among core coverages for technology companies.

Who Regulates Insurance in Mississippi?

Mississippi Insurance Department

The Mississippi Insurance Department licenses agents and companies, enforces state insurance laws, and investigates insurance complaints. You can use its state lookup or complaint service to check a license or raise an insurance issue. 7,8,9

Surplus-Lines Tax and Stamping Office in Mississippi

Reported tax rate. 4% premium tax and 0.25% stamping fee on gross premium and policy fees when Mississippi is the insured's home state; MSLA says do not report if Mississippi is not the home state unless 100% of premium is allocated to Mississippi. A separate 3% MWUA fee applies to gross premium and policy fees except residential flood and earthquake. 10,11,12,13,14

For policies quoted or bound on or after July 1, 2017, Mississippi no longer requires a general diligent search before surplus-lines placement. If Mississippi is the insured's home state, the published charges are 4% premium tax and a 0.25% stamping fee on gross premium and policy fees, plus a separate 3% MWUA fee except for residential flood and earthquake; Mississippi's required policy notice says a nonadmitted insurer is not protected by the Mississippi Insurance Guaranty Association if it becomes insolvent.

Mississippi Surplus Lines Association

Questions to Ask Before You Buy Workers’ Compensation in Mississippi

  1. How does the Commission apply the five-person “regularly in the same business or establishment” test to our changing headcount and owner roles?
  2. For each sole proprietor, partner, or corporate employee with at least 15% ownership, what written governing-authority action and individual consent are needed, and what records should the carrier keep?
  3. If a corporate officer rejects coverage, how does that election affect benefits and payroll reporting while the person remains an employee?
  4. For every owner-operator and driver, which proof will you provide the motor carrier, and does a written election place them under the carrier’s program?
  5. Do our farm, domestic, nonprofit, or commercial agricultural-processing activities change which employees need to be listed or classified?
  6. If our policy is canceled, what date starts the 30-day replacement-proof period, and who files the new proof with the Commission?

Workers’ Compensation Insurance in Mississippi: FAQ

Is workers’ compensation required in Mississippi?

Generally, yes when an employer has five or more employees regularly employed; MWCC’s 2013 facts sheet says it is not mandatory below five, and § 71-3-5 lists exceptions for specified workers and entities. 1,2,6

Can a Mississippi employer self-insure workers’ compensation?

Yes, but only after Commission approval; its rules require an application and adequate security of at least $100,000 unless the Commission orders otherwise. 3

What workers’ compensation proof does a Mississippi motor carrier need from an owner-operator?

A certificate of workers’ compensation insurance, proof of a self-insured plan, or proof of an occupational-accident policy with at least $1 million in coverage; without written proof, the statute places the owner-operator and drivers under the carrier’s workers’ compensation program and permits premium collection. 2,6

Can a Mississippi business exclude an owner from its workers’ compensation count?

Section 71-3-5 allows a sole proprietor, partner, or corporate employee with at least 15% stock ownership to be exempted by proper written action of the employer’s governing authority and the owner’s written agreement; the exempted person is not counted toward the five-person threshold. 2,6

Workers’ Compensation Insurance Guides for Other States

Other coverage in MississippiEvery coverage guide for Mississippi, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

Get Help With Insurance Buying and Renewals.

Get help buying coverage and managing renewals, with less paperwork for your team. Create your account and submit an insurance request online.

Talk to Spot