MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Insurance

By: Representative Blackmon

AN ACT TO REQUIRE THAT NO PERSON SHALL DISCHARGE OR DISCRIMINATE AGAINST ANY EMPLOYEE WHO FILES A GOOD-FAITH WORKERS' COMPENSATION CLAIM; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) No person shall discharge or in any other manner discriminate against any employee because the employee has in good faith filed a claim, employed counsel to represent him or her in a claim, instituted, or caused to be instituted, in good faith, any proceeding under the Mississippi Workers' Compensation Law or has testified or is about to testify in any such proceeding.

(2) A person who violates any provision of subsection (1) of this section shall be liable for reasonable damages suffered by an employee as a result of the violation, and an employee discharged in violation of this section shall be entitled to be reinstated to his or her former position. The burden of proof shall be upon the employee and such burden shall be a preponderance of the evidence.

(3) The chancery courts of the State of Mississippi shall have jurisdiction to issue injunctions restraining violations of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.