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Bill > HB1017


MS HB1017

MS HB1017
Allocation of fault; revise certain provisions concerning workers' compensation that relates to.


summary

Introduced
01/16/2026
In Committee
01/16/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

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.

AI Summary

This bill modifies existing Mississippi law regarding workers' compensation and the allocation of fault in civil actions. Primarily, it changes the rules for employers or their insurers who have paid workers' compensation benefits when an employee is injured by a third party. Under the new provisions, an employer or insurer is not required to join a lawsuit filed by the injured employee against the responsible third party, but if they choose not to join, they will not be able to recover the compensation and expenses they paid from any settlement or judgment obtained by the employee. Furthermore, if the employer is found to be partially at fault for the employee's injury, the amount the employer or insurer is entitled to recover (known as a subrogation lien) will be reduced by the percentage of the employer's fault. These changes are intended to align with existing laws concerning how fault is assessed in civil cases.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

bill text


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