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Miss. Code Ann. § 71-3-9

Exclusiveness of liability

Known as the Workers’ Compensation Law

The act spans §§ 71–71 (99 sections).

Applied in 82 court decisions — leading case 700 So. 2d 619 - Russell v. Orr (1997)

Most recently applied in William J. Fortner v. Specialty Contracting, LLC (January 2017)

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 from and after July…

How often courts cite this section

1980199020002010201770
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

[Effective until July 1, 2021, this section will read:]

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.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.