Workers’ Compensation Insurance 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. 1,2,3,6

What Is Workers’ Compensation?

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 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 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

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

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. 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. 10,11,12,13,14

Mississippi Surplus Lines Association

Providers With Documented State Licenses

These providers publish a national listing for Workers’ compensation; the state records document licenses for the entities and roles shown below. 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.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’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
  • ERGO NEXT InsuranceNext First Insurance Agency, Inc.Insurance producer · checked 2026-09-28ERGO 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
  • HiscoxHiscox Insurance Company Inc.Insurer · checked 2026-09-28Hiscox’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
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’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
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’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

Questions to Ask Before You Buy 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 in Mississippi: FAQ

Is workers’ compensation required in Mississippi? 1,2,6

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? 3

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? 2,6

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? 2,6

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 in Other States

Other Coverage in Mississippi

Sources

  1. Mississippi Workers’ Compensation Facts. Mississippi Workers’ Compensation Commission; 2013 publication, “Who Is Covered?” and “What Is Workers’ Compensation?”. Accessed 2026-09-28.
  2. Senate Bill No. 2181, As Sent to Governor. Mississippi Legislature; § 1, amendment to Miss. Code § 71-3-5; approved April 3, 2006; effective on passage. Accessed 2026-09-28.
  3. Rule 1.7, Self-Insurers. Mississippi Workers’ Compensation Commission; Rule 1.7(I)(A)(1)–(3), (II)(A)–(C): individual and group self-insurance applications, security, and qualification. Accessed 2026-09-28.
  4. Harris v. Hemphill. Supreme Court of Mississippi (opinion copy hosted by Justia); 2024 decision, ¶¶ 24–26; executive officer remained an employee after rejecting policy coverage on the facts before the Court. Accessed 2026-09-28.
  5. Compilation of the Rules of the Mississippi Workers’ Compensation Commission. Mississippi Workers’ Compensation Commission; Rules 1.2–1.5, effective January 18, 2018; proof of coverage and early cancellation. Accessed 2026-09-28.
  6. SB2181 History of Actions/Background. Mississippi Legislature; 2006 Regular Session; approved by Governor April 3, 2006; disposition Law; Chapter 523; effective on passage. Accessed 2026-09-28.
  7. Mississippi Insurance Department. Mississippi Insurance Department; Homepage and consumer/licensing services. Accessed 2026-09-28.
  8. Insurance License Lookup. Mississippi Insurance Department; State-designated producer/company search. Accessed 2026-09-28.
  9. File an Insurance Complaint. Mississippi Insurance Department; State complaint process and contact. Accessed 2026-09-28.
  10. E-Pay Frequently Asked Questions. Mississippi Surplus Lines Association; Current MSLA E-Pay FAQ, question 'What are the current rates...' (lines 112–116): 0.25% stamping fee and 4% premium tax, both on gross premium and policy fees. Accessed 2026-09-28.
  11. E-Pay Frequently Asked Questions. Mississippi Surplus Lines Association; Current MSLA E-Pay FAQ, lines 112–118: MWUA nonadmitted policy fee 3% on gross premium and policy fees, excluding residential flood and earthquake. Accessed 2026-09-28.
  12. Insurer FAQs. Mississippi Surplus Lines Association; Current MSLA insurer FAQ, question 'What is a Home State?...' (lines 90–92): defines insured's home state under NRRA; directs no Mississippi reporting if Mississippi is not home state unless 100% of premium is allocated to Mississippi; MS-home-state written premium is reported. Accessed 2026-09-28.
  13. Mississippi Department of Insurance Bulletin 2017-3. Mississippi Insurance Department; Issued May 12, 2017; page 1, visually verified: HB 447 removed the diligent-search requirement; on/after July 1, 2017 producers need not conduct a diligent search before placement and bulletin applies to policies quoted/bound on/after that date. Page 2, visually verified: required policy notice states policy is not protected by MIGA upon insurer insolvency; page 2 also withdraws Bulletins 2012-4 and 2015-5. Accessed 2026-09-28.
  14. Mississippi Department of Insurance Bulletin 2017-3. Mississippi Insurance Department; Issued May 12, 2017; page 1, visually verified: after HB 447, no general diligent search is required for policies quoted or bound on/after July 1, 2017; not an ECP-only exception. Accessed 2026-09-28.
  15. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  16. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  17. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  18. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  19. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  20. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  21. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

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.

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