Disclaimer: This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state.
Mississippi Workers’ Comp Weekly Benefit Calculator (2026 Complete Guide)
Quick Answer
In Mississippi, workers’ comp pays 66.67% of your average weekly wage (AWW), up to a maximum of approximately $623.59 per week (based on the Mississippi Workers’ Compensation Commission’s annually adjusted state average weekly wage of ~$935.38 for 2025). Your actual benefit depends on how your AWW is calculated — and that calculation is where most workers get quietly underpaid. This guide shows you the exact formula, pre-calculated benefits for every common wage level, and the red flags that tell you your employer got the math wrong on purpose.
Always verify the current maximum directly with the Mississippi Workers’ Compensation Commission, as the SAWW is updated annually each July.
From Shane: Living on 66.67% of Your Income
After my second injury in 2015, I assumed the weekly benefit check would cover my basics. It didn’t — not even close. Nobody told me that 66.67% sounds like “most of your money” until you realize your mortgage, truck payment, and grocery bill don’t drop 33% because you got hurt. By week six, I was dipping into savings. By week twelve, I was taking out a personal loan.
What I wish I’d known: budget from day one as if this is your new income for six to twelve months, not a temporary gap. Cut your discretionary spending immediately. File every reimbursable expense — mileage to doctors, prescriptions, copays — because those add up. And if your check looks even a few dollars low, do the math yourself using the formula in this guide, because in 2015 my employer’s insurer “miscalculated” my AWW by conveniently excluding three weeks of heavy overtime. That mistake cost me roughly $4,200 before I caught it. You will not catch it if you don’t know how the formula is supposed to work.
The Exact Calculation Formula
Mississippi workers’ comp benefits are governed by Miss. Code Ann. § 71-3-31. The core formula is straightforward; the details are where it gets complicated.
Step 1: Calculate Your Average Weekly Wage (AWW)
Your AWW is calculated by taking your total gross wages earned in the 52 weeks immediately before your injury date and dividing by 52.
AWW = Total Gross Wages (Prior 52 Weeks) ÷ 52
If you worked fewer than 52 weeks for that employer, the divisor adjusts to the number of weeks actually worked — but only if the shorter period fairly represents your earnings. This is a judgment call that attorneys argue over constantly.
Step 2: Apply the 66.67% Rate
Weekly Benefit = AWW × 0.6667
Step 3: Apply the Cap
If your calculated benefit exceeds the maximum (~$623.59/week for 2025), your benefit is capped at the maximum. There is no state-mandated statutory minimum in Mississippi for temporary total disability in the same way some states enforce a floor, though the Commission applies practical minimums in certain contexts.
How Overtime, Bonuses, and Second Jobs Are Handled
| Wage Component | Included in AWW? | Notes |
|---|---|---|
| Regular hourly wages | ✅ Yes | All gross wages count |
| Mandatory overtime | ✅ Yes | Overtime you are regularly required to work |
| Voluntary overtime | ⚠️ Disputed | Courts look at regularity and expectation |
| Production bonuses | ✅ Generally yes | If paid regularly and tied to work performance |
| Holiday/vacation pay | ✅ Yes | If paid as part of regular compensation |
| Tips (reported) | ✅ Yes | Must be included if reported to employer |
| Second job wages | ❌ Generally no | Mississippi typically uses the single-employer rule |
| Employer-paid health insurance | ❌ No | Benefits-in-kind excluded |
| Discretionary bonuses | ❌ No | One-time gifts or profit-sharing not tied to output |
Source: Mississippi Workers’ Compensation Commission guidelines and Miss. Code Ann. § 71-3-3(k).
Pre-Calculated Benefit Table: $300–$3,000 AWW
The benefit is capped at ~$623.59/week. All figures rounded to the nearest cent.
| Average Weekly Wage | 66.67% Benefit | Capped? |
|---|---|---|
| $300.00 | $200.01 | No |
| $400.00 | $266.68 | No |
| $500.00 | $333.35 | No |
| $600.00 | $400.02 | No |
| $700.00 | $466.69 | No |
| $800.00 | $533.36 | No |
| $900.00 | $600.03 | No |
| $935.38 | $623.59 | At Cap |
| $1,000.00 | $623.59 | ✅ Capped |
| $1,100.00 | $623.59 | ✅ Capped |
| $1,200.00 | $623.59 | ✅ Capped |
| $1,300.00 | $623.59 | ✅ Capped |
| $1,400.00 | $623.59 | ✅ Capped |
| $1,500.00 | $623.59 | ✅ Capped |
| $1,600.00 | $623.59 | ✅ Capped |
| $1,700.00 | $623.59 | ✅ Capped |
| $1,800.00 | $623.59 | ✅ Capped |
| $1,900.00 | $623.59 | ✅ Capped |
| $2,000.00 | $623.59 | ✅ Capped |
| $2,100.00 | $623.59 | ✅ Capped |
| $2,200.00 | $623.59 | ✅ Capped |
| $2,300.00 | $623.59 | ✅ Capped |
| $2,400.00 | $623.59 | ✅ Capped |
| $2,500.00 | $623.59 | ✅ Capped |
| $2,600.00 | $623.59 | ✅ Capped |
| $2,700.00 | $623.59 | ✅ Capped |
| $2,800.00 | $623.59 | ✅ Capped |
| $2,900.00 | $623.59 | ✅ Capped |
| $3,000.00 | $623.59 | ✅ Capped |
Note: Maximum weekly benefit (~$623.59) is based on the 2025 Mississippi SAWW of ~$935.38. Verify the current figure at mwcc.ms.gov for 2026.
What the Law Says vs. What Actually Happens
The Law Says:
Your AWW must include all regular gross wages from the 52 weeks prior to injury, calculated fairly and accurately by the employer’s insurer.
What Actually Happens:
1. They cherry-pick the calculation period.
If you had a high-overtime quarter followed by a slow month before your injury, an insurer may calculate only a shorter recent window, dropping your AWW. Demand the full 52-week payroll records and do the math yourself.
2. They exclude regular overtime.
Overtime that was a consistent, expected part of your job — say, 10 hours every week because your site always ran long — must be included. Insurers routinely argue it was “voluntary.” Pull your timesheets. If you worked overtime in 40+ of the past 52 weeks, it is not voluntary.
3. They use net wages instead of gross wages.
Your AWW is based on gross wages before taxes, not your take-home pay. This error is more common than you’d think, especially with smaller employers who self-report.
4. They exclude holiday and vacation pay actually received.
If you were paid during a vacation week, that week’s wages count. Some insurers report a $0 wage week for a paid vacation, artificially deflating your AWW.
How to catch it: Request a complete copy of your wage computation worksheet from the insurer. Compare it line by line against your pay stubs. A $50/week AWW understatement costs you $33.34/week in benefits — roughly $1,734 over a year of total disability.
Real Case Example: Fluctuating Hours and Overtime
Worker: Marcus T., concrete finisher, injured October 2024.
Situation: Marcus worked varying hours throughout the year — light weeks in winter (35 hours), heavy construction season overtime in spring/summer (55–60 hours per week).
His actual payroll history (52 weeks):
| Period | Weeks | Avg Hours/Week | Hourly Rate | Weekly Gross |
|---|---|---|---|---|
| Winter (slow) | 16 weeks | 36 hrs | $22.00 | $792.00 |
| Spring/Summer (peak) | 28 weeks | 57 hrs | $22.00 ($33.00 OT) | $1,419.00 |
| Fall (tapering) | 8 weeks | 44 hrs | $22.00 ($33.00 OT) | $1,012.00 |
Total gross wages:
– Winter: 16 × $792.00 = $12,672.00
– Spring/Summer: 28 × $1,419.00 = $39,732.00
– Fall: 8 × $1,012.00 = $8,096.00
– Total: $60,500.00
Correct AWW: $60,500 ÷ 52 = $1,163.46
Correct weekly benefit: $1,163.46 × 0.6667 = $775.57 → Capped at $623.59/week
What the insurer initially calculated: They used only the 13 weeks prior to injury (the fall tapering period), producing an AWW of $1,012.00 and a benefit still capped at $623.59 — which in this case didn’t change the weekly benefit because both exceeded the cap.
Where the real damage occurred: Marcus also had a 15% permanent partial disability rating to his back. Permanent partial disability settlements in Mississippi use AWW as the base. By understating AWW from the start, the insurer would have built a lower compensation figure into all downstream calculations. His attorney caught it using full payroll records.
Lesson: Even when the weekly benefit is capped, your AWW calculation still matters enormously for permanent disability and lump-sum settlement math.
Frequently Asked Questions
Q: How long do Mississippi workers’ comp weekly benefits last?
A: Temporary Total Disability (TTD) benefits — the weekly benefit you receive when you are completely unable to work — are paid until one of three things happens: your treating physician releases you to return to work (full or modified duty), you reach Maximum Medical Improvement (MMI), or you hit the 450-week statutory cap under Miss. Code Ann. § 71-3-17. In practice, most claims resolve at MMI, which is the point at which your doctor determines your condition has stabilized and is unlikely to improve further with additional treatment. At MMI, your claim transitions to permanent disability evaluation. The 450-week cap is a lifetime maximum across all benefits, not just weekly payments, so if you receive benefits for a serious injury and later have a second claim, those weeks count cumulatively. For permanent partial disability, the benefit duration is tied to specific scheduled injury weeks or to a wage-loss calculation, not a single blanket period.
Q: Are Mississippi workers’ comp benefits taxable?
A: No. Workers’ compensation benefits in Mississippi — including weekly TTD payments, permanent disability awards, and medical benefits — are excluded from federal gross income under 26 U.S.C. § 104(a)(1) and are not subject to Mississippi state income tax. This is a meaningful consideration when you are comparing your net take-home pay to your weekly benefit: the 66.67% benefit is tax-free, whereas your pre-injury wages were taxed. For many workers, the actual difference in purchasing power is closer to 80–85% of their former take-home, not 66.67% of gross. That is still a real reduction, but it is less severe than the headline number suggests. Important exception: if you are also receiving Social Security Disability Insurance (SSDI) simultaneously, an offset may apply that reduces one or both benefits. Consult a tax professional if you are receiving multiple disability income sources.
Q: What happens if I return to light duty at a lower wage?
A: Mississippi law provides Temporary Partial Disability (TPD) benefits when you can work in a modified capacity but earn less than your pre-injury wage. Under Miss. Code Ann. § 71-3-17, TPD is calculated as 66.67% of the difference between your pre-injury AWW and your current light-duty earnings. For example: if your AWW was $900 and you are now earning $550/week on light duty, the wage differential is $350, and your TPD benefit would be $350 × 0.6667
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