Missouri has a whole legal framework designed to protect both employees and employers. Understanding Missouri workers' compensation laws is vital for employers to ensure they abide by state regulations and for workers to understand their employee rights. When workers get hurt, they must take the right steps and their employers must do their part to ensure injured employees get the coverage they need.
The Bruning Law Firm is a team of St. Louis attorneys who help injured workers navigate Missouri's workers' compensation system. In this complete guide, we explain employer requirements, employee rights, benefit types, filing deadlines, and how the state's own legal framework provides protections throughout Missouri.
The Bruning Law Firm explains Missouri workers' compensation laws, covering employer requirements, employee rights, benefit types, filing deadlines, and how the state's legal framework protects injured workers throughout St. Louis and Missouri.
- Who Is Covered Under Missouri Workers' Compensation?
- Employer Workers' Compensation Requirements in Missouri
- Employee Rights Under Missouri Workers' Compensation Law
- Types of Workers' Compensation Benefits in Missouri
- Critical Filing Deadlines Under Missouri Law
- The Missouri Division of Workers' Compensation
- Recent Changes to Missouri Workers' Compensation Laws
- Frequently Asked Questions
- Contact The Bruning Law Firm
Key Takeaways
- Who Is Covered Under Missouri Workers' Compensation?
- Employer Workers' Compensation Requirements in Missouri
- Employee Rights Under Missouri Workers' Compensation Law
- Types of Workers' Compensation Benefits in Missouri
Who Is Covered Under Missouri Workers’ Compensation?
Missouri's workers' compensation benefits extend to covered employees. The state requires that employers with five or more employees must carry workers' compensation insurance. However, those operating in the construction industry who have one or more employees are required to carry it.
It does not matter whether you are full-time, part-time, seasonal, or a temporary worker. If your employer meets the minimum threshold for employee requirements, then they must provide workers' compensation coverage to each employee from the first date of hire.
Can independent contractors get workers' comp in Missouri? Unfortunately, if you are an independent contractor, you are exempt from this coverage. Other exempt workers include certain agricultural workers, real estate agents, and domestic workers. For employers who are required by Missouri law to provide workers' compensation, failing to do so can result in both criminal charges and civil lawsuits.
Employer Workers’ Compensation Requirements in Missouri
When is an employer required to have workers' comp in Missouri? Employer requirements for carrying workers' compensation insurance coverage must be followed when there are 5 or more employees, or 1 or more employees in the construction industry. For employers that fall into these categories they either have to carry this insurance or qualify as self-insured.
Other requirements under Missouri law include:
- Following posting requirements: Employers must post notice of workers' compensation coverage in the workplace where they are visible for all employees.
- Abide by reporting obligations: When a worker reports their injuries, the employer must report those injuries to its insurer within 5 days of receiving this notice.
- No retaliation: Employers are prohibited from retaliating against employees who file claims.
Compliance is imperative for employers who must carry workers' compensation insurance coverage. Failing to adhere to these laws could result in fines, criminal charges, and personal liability for injury costs.
Employee Rights Under Missouri Workers’ Compensation Law
Every worker in Missouri should be fully aware of their employee rights. Rights for workers injured on the job include:
- Retaliation prohibited: You have the right to file a claim without the fear of retaliation or termination from your employer.
- Medical treatment: Your rights also include receiving medical care for your work-related injuries.
- Wage replacement: You get partial wage coverage while you recover from your injuries.
- Disability benefits: If you sustain permanent injuries, you have the right to disability benefits.
- Appeals: You have the right to appeal denied workers' comp claims.
- Legal representation: You are allowed to hire an attorney to represent you throughout your claim and for appeals.
In the event that any of your employee rights are violated, a St. Louis workers' comp attorney can help you take the next steps.
Types of Workers’ Compensation Benefits in Missouri
Medical Benefits
All of your medical costs for reasonable and necessary treatments will be covered for your workplace injury. This includes prescriptions and rehabilitation.
Temporary Total Disability (TTD)
TTD is provided to partially cover your lost wages while you recover from your injuries. It pays 66 ⅔% of your average weekly wage. If your usual weekly wage is $900 per week, that would be paid out at $600 per week under TTD.
Permanent Partial Disability (PPD)
If you have lasting impairment once you reach maximum medical improvement (MMI), then you can receive PPD.
Permanent Total Disability (PTD)
PTD is paid out on an ongoing basis when injured workers can't return to any form of employment as a result of their injuries.
Workers who can't return to their previous occupation may also receive vocational rehabilitation to prepare them for a job they are capable of doing. In the event that an injured worker does not survive their injuries, death benefits are paid to surviving spouses and dependents.
Critical Filing Deadlines Under Missouri Law
When you get hurt while working, understanding your rights is just one part of the equation. You must also understand that the filing deadlines under Missouri law are critical to adhere to or you may be barred from making your claim.
The time to take action is immediately because these claims are time sensitive. Once you sustain an injury on the job, you must report it to your employer in writing within 30 days of the accident. Your employer is then required to submit this claim to their workers' comp insurer.
Filing with the Division of Workers' Compensation must occur within 2 years of injury date. For occupational diseases, you have to file within 2 years of your last exposure or a diagnosis. The statute of limitations is meant to protect both employers and employees when claims are made. Even though you have 30 days to submit a written notice to your employer for your claim, you should not wait until the last minute. Insurers often scrutinize these claims, which may cause them to deny your claim by citing that your injuries must not be that serious if you waited.
The Missouri Division of Workers’ Compensation
The Missouri Division of Workers' Compensation is part of the Missouri Department of Labor and Industrial Relations (DOLIR), and it serves several key purposes. Among them, it administers the workers' compensation system on the statewide level, handling claims for work-related injuries.
When disputes arise, the Division of Workers' Compensation uses Administrative Law Judges (ALJs) and mediators to resolve any conflicts over benefits and medical treatments. It also oversees payments for medical care, temporary total disability (TTD), permanent partial disability (PPD), total disability (PTD), and death benefits. If vocational rehabilitation is needed, it manages plans for retraining employees who can't return to their previous line of work.
The Missouri Division of Workers' Compensation additionally provides hardship hearings for workers who need expedited medical care. Injured workers can file their claims online through its website for a more convenient option.
Recent Changes to Missouri Workers’ Compensation Laws
In recent years, changes have been made to Missouri workers' compensation laws that both workers and employers may not be aware of. The 2017 reforms that were made provided significant changes to the workers' comp system in the state.
Now, the workplace must be what is known as the prevailing factor in causing the injury, which is a higher standard than it was before these reforms were put in place. Additionally, those with pre-existing conditions can still make a workers' comp claim, though the work injury must be determined to be the primary cause of the current disability.
Caps on permanent partial disability benefits are now established, making the need for legal representation more important than ever. The Bruning Law Firm helps injured workers in Missouri understand and navigate state workers' compensation laws, and our attorneys can help lead the way in your case.
Frequently Asked Questions
Does my employer have to have workers’ comp insurance in Missouri?
If your employer has 5 or more employees, then they must have workers' compensation insurance to cover you in the event of an injury while on the job. In the construction industry, the required number is 1 or more employees for having this coverage.
How long do I have to report a work injury in Missouri?
You have 30 days to notify your employer which must be done in writing. You have two years from the date of injury or last payment of benefits to file a formal claim for compensation with the Missouri Division of Workers' Compensation.
Can my employer fire me for filing a workers’ comp claim?
No, under Missouri law, it is illegal for an employer to fire you, retaliate, or discriminate against you because you filed a workers' compensation claim or reported your workplace injury. This would be a wrongful termination, and you may be able to sue them for such actions.
What if my employer doesn’t have workers’ comp insurance?
Missouri employers that are required to have workers' compensation insurance and do not have it are violating the law. This makes them liable for your medical expenses and other damages, and you may be able to file a lawsuit. You can also file a claim with the Second Injury Fund for some of your benefits. An employer who violates these workers' comp requirements should be reported to the Missouri Division of Workers' Compensation.
Contact The Bruning Law Firm
The Bruning Law Firm helps Missouri workers understand and navigate workers' compensation laws to get them the compensation they deserve. We handle cases throughout Missouri and offer free consultations with a St. Louis workers' comp attorney who can evaluate your situation and explain your rights. Contact us by filling out our online form or calling (314) 735-8100.