Workers Compensation Laws of Missouri
Worker's compensation covers doctor visits, hospital stays and work missed for workers who are injured on the job. If you work in Missouri, your employer must provide worker's compensation insurance for you under most circumstances. You and your family should be aware of your rights and responsibilities in order to receive the benefits you are entitled to in the event of an injury.
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Mandatory Worker's Compensation Requirement
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In Missouri, any employer who has five or more employees must carry worker's compensation insurance. Owners of construction businesses must carry insurance even if they only have one additional employee. This insurance covers all employees hired by the company in the event of an injury while on the job. Employers may either purchase worker's compensation insurance from a licensed Missouri insurance provider or apply to the state for a license to provide insurance themselves.
Covered Injuries
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An employee who is injured on the job (or her dependents if she dies from her injury) is entitled to worker's compensation benefits if she sustains injuries while engaging in her job duties. She must be able to demonstrate that the injury occurred due to engaging in a required duty of her job and that the injury would not have occurred if she were not working. For example, an employee injured in a car accident while driving to work is not eligible, while an employee injured in a car accident while making deliveries might be eligible.
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Self-Employed Worker's Compensation
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Self-employed people are eligible to purchase worker's compensation insurance for themselves, their employees and contractors. They are eligible for worker's compensation benefits if they can demonstrate that they sustained injuries in the course of doing business. Self-employed persons are not required to purchase worker's compensation for themselves or their employees unless they have more than five employees.
Occupational Disease Coverage
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Occupational diseases such as loss of hearing, respiratory diseases or repetitive motion problems are covered under Missouri worker's compensation law. You must be able to demonstrate that the disease occurred due to your work environment and would not have occurred otherwise. Diseases that would ordinarily occur due to aging are not eligible under this law. For example, if you lose your hearing you must demonstrate that it is due to noise exposure in your work environment rather than aging or congenital disease. If you suffer from repetitive motion disorders, your prior employer may be liable if the onset of the injury occurs less than three months after changing jobs.
Exemptions to Worker's Compensation Requirements
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Farm laborers and household employees are exempt from worker's compensation requirements in Missouri; their employers do not have to provide coverage. Tax-exempt organizations are also excepted, as are those who hire inmates of state prisons or mental institutions.
Posting Requirement
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All employers required to carry worker's compensation insurance in Missouri must also post a notice in a common area informing employees of their rights. The notice must include the name, address and telephone number of the insurer as well as toll-free numbers employees may call to contact the Missouri government's department of worker's compensation. Employers who fail to comply with this requirement are guilty of a Class A misdemeanor and may be fined up to $1,000 or sentenced to six months in county jail for each day they fail to post this information.
Employee and Employer's Responsibilities
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In the event of an injury, it is the employee's obligation to report the injury to her supervisor. Missouri law requires the employer to choose a doctor or health facility to address the injury. If the employer does not give the employee a specific doctor to see, the employee must find out which doctor the employer wants the employee to visit. If the employee visits a doctor without employer approval, the cost of the visit may not be covered.
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References
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