A company is required by law to carry workers compensation coverage to protect their employees.
In the state of Missouri, employers are required to take out workers’ compensation insurance to ensure that if any of their employees are injured on the job, they have the means to cover the cost of those injuries. This means that if a worker is injured, they are not allowed to sue their employer directly. Their injuries are handled through a workers’ compensation claim. If an employer fails to carry the appropriate insurance coverage, they might be subject to heavy fines, civil liability and even criminal prosecution.
Companies are required to carry workers’ compensation coverage not just to cover the employee who is injured, but to ensure that they protect their own assets. If an employee is injured on the job and there is no insurance, the cost to cover those injuries will become the employer’s responsibility.
If a company doesn’t have the appropriate workers’ compensation coverage, they might be subject to penalties. In Missouri, since workers compensation insurance is mandatory, the employer might face:
- Criminal prosecution
- Personal liability, which means that they can be sued and found liable
What are the Employer’s Duties?
Not only are employers required to provide workers’ compensation coverage, they also have the duty to:
- Post workers’ compensation laws in plain sight for employees to view.
- Provide injured employees with immediate medical assistance and treatment if they are injured while on the job performing work-related activities.
- Find a physician for the worker if the employee does not have a physician of their own.
- File a complete report of the incident and injury and then mail it to the closest workers’ compensation board department. A copy of the same incident report should also be mailed to the employer’s insurance carrier. If an employer either fails or refuses to do so, they might be guilty of a misdemeanor, which is punishable by imposing a fine.
- Devise a written report of any personal injury that is the cause of loss of work from the employee’s regular work duties and any further working shifts or days that are affected by the injury. If more than simple first aid was needed, then a written report must be completed to outline medical assistance and treatment.
An employer must comply with the requests made by the workers’ compensation board or their insurance carrier. They must supply any written requests for employee’s earnings both before and after the incident occurred and the date they returned to their regular work activities, as well as any work changes that follow the accident.
Employers Cannot Retaliate
It is the duty of an employer not to retaliate against any employee who makes a claim for workers’ compensation. They are not to punish, discriminate, fire, or to instigate any actions against someone who files a claim. If they do, the employer may be subject to the employee bringing a civil action against the employer for “retaliatory discharge.”
Kansas City Workers Comp Lawyer
If you are injured while on the job, it is important to contact a Kansas City workers’ compensation attorney to ensure that you are fairly compensated and that your employer follows through with their lawful obligations according to Missouri state workers’ compensation laws.
Filing a workers compensation claim can be a complicated process with unexpected pitfalls that can potentially prevent you from getting the benefits you need. The Law Office of James M. Hoffmann focuses on Workers Compensation with the goal of eagerly representing the interests of injured clients throughout Kansas City, Missouri.
Call us today at (816) 256-4300 or fill out our online case evaluation form. The Law Office of James M. Hoffmann advances all costs and expenses associated with our clients’ cases and does NOT charge a fee until there has been monetary recovery.