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Lunsford, Baskin & Priebe PLLC. Motto
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Did Your Employer Ask You to Waive Your Rights to Workers’ Compensation? Here’s What You Should Know About Your Rights to Workers’ Compensation in Mississippi


Getting a new job can be tough. With employers seeking very specific, sometimes unrealistic requirements, a shortage of jobs in many industries and work locations, and the new automation of many jobs, many Mississippi workers, both new and experienced in the job market, may have a hard time when it comes to finding work. Accordingly, when many people finally secure a new job, they may find themselves compromising when it comes to things like work hours, pay, or passion for the job position. But what happens when a soon-to-be employer asks for even more, such as asking a worker to agree to give up their rights to workers’ compensation, or contribute to the employer’s workers’ compensation premiums? Here’s what Mississippi workers should know if they are asked to waive important workers’ compensation rights, or are asked to chip in to their employer’s workers’ compensation insurance by an employer.

 Mississippi Code §71-3-42: Agreements to Waive Workers’ Compensation Rights Unlawful 

Under the laws of the Mississippi Code that govern workers’ compensation, Mississippi Code §71-3-42, an agreement, such as an employment agreement, between an employer and an employee that would waive the employee’s right to Mississippi workers’ compensation benefits is deemed to be unlawful. The Mississippi workers’ compensation law specifically states that “No agreement by an employee to waive his right to compensation under this law shall be valid.” Therefore, importantly, if a prospective or new employer asks an applicant or new employee to sign any agreement that would waive the workers’ right to workers’ compensation, it is unlawful and will not be upheld.

In addition, it is important for Mississippi workers to know their rights if an employer asks them to “chip in” to the employer’s workers’ compensation premiums. Mississippi Code §71-3-42 also establishes that “No agreement by an employee to pay any portion of premium paid by his employer or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services shall be valid.” The law goes on to say that “Any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000).” As set forth by the law, no employer can require an employee to pay even a portion of Its workers’ compensation premium, and such conduct is even an offense under criminal law.

Help with Your Mississippi Workers’ Compensation Claim

If you need assistance with your workers’ compensation claim in Mississippi, contact the experienced Mississippi workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe. The experienced Mississippi workers’ compensation lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your case and to see if they can help. Contact Lunsford Baskin & Priebe today and speak to a lawyer about your case for free.

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