Workers Compensation Claim in Missouri

The process of filing a workers’ compensation claim can feel unsettling and sometimes feels like you are fighting both the insurance company and your employer. This process will sometimes make an individual fear for their job and cause concern about what management and co-workers may think about the claim. That’s why we’re here.

First, you should consider contacting an attorney early on if you think you may need to file a works comp claim. Not only will this help you be more informed on how to handle situations involving your employer and insurance company, it will also put your fate in the hands of a professional attorney who understands the laws in Missouri.

Workers Comp Questions to Consider

After you have been injured on the job, you are likely filled with questions to ask your attorney. You may be wondering:

• Will I get a fair settlement?
• Will I make my employer mad for asking for compensation?
• Can I lose my job after this incident?
• How much am I entitled to?
• What do all these rules and statutes mean?

All your questions may be answered by your attorney to help you move forward with your workers’ comp case.

Missouri Workers’ Comp

Employers with operations in Missouri are required to carry workers’ compensation insurance if they have five or more employees. If the business in question is involved in the construction industry, they are 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 broad and usually consist of full-time employees, part-time employees, and 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. There are a few additional exemptions that cover a specific group 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 are 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.