Introduction to Assessment

Annually each Carrier and Self-Insured Employer is required to report to the Mississippi Workers' Commission the total amount of gross compensation and medical expenses that was paid out for the previous year. By Statute, the Commission is required to estimate annually in advance the amounts necessary for the administration of the Workers' Compensation Law. The Assessment Cycle is for one calendar year, starting January 1st, with notices and commission approved forms mailed out to carriers and self-insured employers. The Annual Assessment Report must be received by the Commission no later than March 1st. Each day the report is late beyond March 1st, a penalty of $20.00 will be imposed.

Regular Assessment

Every carrier and self-insurer shall file with the commission on or before the first day of March of each year, a statement on the prescribed forms showing the gross claims for compensation and medical services and supplies paid by such carrier or self-insurer during the preceding one-year period ending on the thirty-first day of December. Any carrier or self-insurer which neglects to make and file its annual written statement within the time provided in this chapter shall pay to the commission Twenty Dollars ($20.00) for each day's neglect.

Each carrier and self-insurer shall be assessed Two Hundred Fifty Dollars ($250.00). The proceeds of such assessment shall be deducted from the estimate of total expenses and the remaining expenses of administration shall be prorated among the carriers writing compensation insurance in the state and self-insurers. The gross claims for compensation and medical services and supplies paid by the insurance carriers and self-insurers is the basis for computing the amount to be assessed, in the proportion that the total gross claims for compensation and medical services and supplies paid by such carrier or self-insurer during the preceding one-year period bore to the total gross claims for compensation and medical supplies and services paid by all carriers and self-insurers during such period. This amount may be assessed as a specific amount or as a percentage of gross claims for compensation and medical supplies and services paid by the insurance carriers and self-insurers as the commission may direct, and shall be such amount as shall be reasonably necessary to defray the necessary expense of such administration.

The commission shall provide by regulation for the collection of the amounts assessed against each carrier and self-insurer. Such amounts shall be paid within thirty (30) days from the date that notice is served upon such. If such amounts are not paid within such period, there may be assessed, for each thirty (30) days the amount so assessed remains unpaid, a civil penalty equal to ten percent (10%) of the amount so unpaid, which shall be collected at the same time and as a part of the amount assessed.

See 71-3-99 Mississippi Code annotated.

Guaranty Association

The assessments of each member self-insurer shall be two percent (2%) of the gross paid compensation and medical supplies and services of said member self-insurer during each period of six (6) months. Said two percent (2%) assessment shall be collected by the commission at the same time as and pursuant to the procedures adopted by the commission pursuant to Section 71-3-99, Mississippi Code of 1972. Said two percent (2%) assessment is to be collected by the commission until the sum of Two Million Dollars ($2,000,000.00) is accumulated. At that time the assessments shall be suspended.

However, any employer that becomes authorized under Section 71-3-75 to be a self-insurer after July 1, 1996, is not entitled to have the assessment suspended until the self-insurer has contributed to the guaranty fund for the first four (4) years the employer is a member self-insurer of the association regardless of the amount in the guaranty fund.

See 71-3-163 Mississippi Code annotated.

Payment / Deposit

All funds received by the Workers’ Compensation Commission, as established by Sections 71-3-85 et seq., shall be paid to the State Treasurer, who shall issue receipts therefor and who shall deposit such funds in the State Treasury in a special fund to the credit of said commission. All such funds shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.

See 71-3-100 Mississippi Code annotated.