Q What Determines if I’m Covered by Workers’ Compensation in Missouri?
Employers are required to carry workers’ compensation insurance in Missouri if they have five or more employees. If the business in question is involved in the construction industry, they're mandated to carry insurance if they have one or more employees.
Because of these rules, the statutory definition of an "employee" is very important. Missouri law doesn't distinguish between types of employees. The definition of an employee is quite broad and covers full- and part-time employees, as well as every person in the service of an employer.
A person is considered in service of an employer if they have any form of contract with that employer. This includes all express, implied, oral or written contracts. The term employee also covers anyone under any appointment or election with a company — including executive officers of a corporation.
There are a few additional exemptions, which cover a small but specific groups of employees. These exemptions include: farm laborers, domestic servants, certain real estate agents and direct sellers, and commercial motor-carrier owner operators.
Just because an employer is exempt doesn't mean they're not covered. It just means they're not required by Missouri law to carry workers’ compensation insurance. Small businesses can still choose to carry workers’ compensation to protect themselves from civil lawsuits by injured employees.
If your employer doesn't have workers' comp and you're injured on the job, it's best to consult with an attorney to discuss your options.
Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation.