Mississippi legislation · 2026 Regular Session
Mississippi HB1017: Allocation of fault; revise certain provisions concerning workers' compensation that relates to.
Status: Failed, February 3, 2026
AN ACT TO AMEND SECTION 71-3-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN EMPLOYER OR INSURER SHALL NOT BE REQUIRED TO INTERVENE IN ANY ACTION AGAINST ANY OTHER PARTY AT LAW RESPONSIBLE FOR THE INJURY OR DEATH OF AN EMPLOYEE, BUT IF THE EMPLOYER OR INSURER FAILS TO JOIN, THEY SHALL NOT BE ENTITLED TO ANY REPAYMENT OF THE AMOUNT THEY PAID AS COMPENSATION AND EXPENSES; TO PROVIDE THAT IF AN EMPLOYER IS FOUND TO BE NEGLIGENT, THE SUBROGATION LIEN SHALL BE REDUCED BY THE PERCENTAGE OF THE FAULT OF THE EMPLOYER; TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
What the bill says
An act to amend section 71-3-71, mississippi code of 1972, to provide that an employer or insurer shall not be required to intervene in any action against any other party at law responsible for the injury or death of an employee, but if the employer or insurer fails to join, they shall not be entitled to any repayment of the amount they paid as compensation and expenses; to provide that if an employer is found to be negligent, the subrogation lien shall be reduced by the percentage of the fault of the employer…
From the introduced text:
AN ACT TO AMEND SECTION 71-3-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN EMPLOYER OR INSURER SHALL NOT BE REQUIRED TO INTERVENE IN ANY ACTION AGAINST ANY OTHER PARTY AT LAW RESPONSIBLE FOR THE INJURY OR DEATH OF AN EMPLOYEE, BUT IF THE EMPLOYER OR INSURER FAILS TO JOIN, THEY SHALL NOT BE ENTITLED TO ANY REPAYMENT OF THE AMOUNT THEY PAID AS COMPENSATION AND EXPENSES; TO PROVIDE THAT IF AN EMPLOYER IS FOUND TO BE NEGLIGENT, THE SUBROGATION LIEN SHALL BE REDUCED BY THE PERCENTAGE OF THE FAULT OF THE EMPLOYER; TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 71-3-71, Mississippi Code of 1972, is amended as follows: 71-3-71. The acceptance of compensation benefits from or the making of a claim for compensation against an employer or insurer for the injury or death of an employee shall not affect the right of the employee or his dependents to sue any other party at law for such injury or death, but the employer or his insurer shall be entitled to reasonable notice and opportunity to join in any such action or may intervene therein. * * * An employer or insurer may join in such …