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Employees Not Covered by Workers’ Compensation in Missouri

Under Missouri workers’ compensation law, employees are covered by workers’ compensation insurance, but there are some exclusions.

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If a worker gets injured at the workplace, he or she is entitled to receive workers’ compensation benefits, including compensation for medical bills and loss of earnings. An injured worker does not need to prove that the employer was at fault for the injuries. Compensation claims are filed for injuries that require hospitalization or serious illnesses that require days off from work. Examples of severe injuries include broken bones, paralysis, traumatic brain injuries, severe neck or spinal cord injuries, and hand or leg injuriesUnder Missouri workers’ compensation law, employees are covered by workers’ compensation insurance, but there are some exceptions. Many employees are not aware of these exclusions.

Employees of Small Companies

In Missouri, it is mandatory for all companies with more than five employees to have workers’ compensation insurance. Small companies that have less than five workers are not required to provide workers’ compensation coverage to their employees. However, this exception does not apply to construction companies. Construction companies generally must have workers’ compensation insurance, no matter the number of employees in the company.

Other Types of Workers

Employers in the state of Missouri do not need to provide workers’ compensation coverage to certain workers, such as housekeepers, babysitters or other domestic workers, independent contractors, agricultural workers, qualified real estate agents, and volunteers. Federal workers are typically covered by a separate federal workers’ compensation program and are not covered by workers’ compensation insurance in Missouri.

Disputed Cases

Only workers who suffer a work-related injury during the course of their employment are covered by workers’ compensation insurance. This means that you must be a valid employee of the company at the time when you suffered the injury. According to the “prevailing factor” agreement, if your employer’s negligence or unsafe work environment was not primarily responsible for your injury or illness, your claim for workers’ compensation can be denied. For example, if you suffer an injury after an accident at the workplace, you may need to prove that the accident was the primary cause of your injury. If the opposing party can prove that your injury was not mainly caused by the accident, your claim may be denied.

How You Can Support Your Claim for Workers’ Compensation

If you suffer a work-related injury or illness, you should first seek treatment from an experienced doctor. The next step is to inform your employer about your workplace injury in writing within 30 days. In the written notice, provide details including your name and address, and the date, time, and place of injury. Make sure you collect a written response from your employer. If you have been injured on the job and are not covered under Missouri workers’ compensation, you may have a personal injury claim. Consider consulting with a Kansas City workers’ compensation lawyer for the best guidance.

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Call the Law Office of James M. Hoffmann at (816) 399-3706.

Updated: December 18, 2020

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