Laws for workman's compensation (also called workers' compensation) help protect both workers and employers when a worker is injured on the job. Under workers' compensation programs, injured workers have their medical bills paid and may be eligible for money for lost wages and other benefits. In return, the injured worker cannot sue his employer for any wrongdoing related to the injury. Missouri's workers' compensation program is administered by the state's Division of Workers' Compensation.
Mandatory Coverage
Most businesses in Missouri are required to carry workers' compensation insurance if they have at least five employees. Businesses in the construction industry must have workers' compensation insurance if the business has even one employee. Employers who are not required to carry insurance under Missouri law may still choose to do so because without insurance, they can be sued by injured workers in civil court.
Missouri law specifically exempts some types of workers from the workers' compensation requirement. For example, in-home domestic workers and youth sporting coaches are not considered employees and are not required to be covered. (see ref. 1)
Claim Process
After a worker is injured on the job, she must immediately report the injury in writing to her employer. Missouri law gives the worker 30 days to report the injury; failure to do so may result in a denial of workers' compensation benefits. After the worker reports the injury to her employer, the employer has five days to report the injury to the insurance company. The insurance company then must notify the Division of Workers' Compensation within 30 days.
The worker must also seek medical care for the injury. In some states the worker is allowed to choose her own doctor. However, Missouri law allows the employer or workers' compensation insurer to choose the doctor. If the worker chooses to be treated by a different doctor, she will be responsible for paying for the medical treatment herself. (see ref. 4)
Benefits
Injured workers are entitled to certain benefits under Missouri's workers' compensation laws. All reasonable medical bills related to the injury are paid under the program. Workers who must miss work because of the injury may also be eligible for monetary benefits to replace lost wages. In Missouri, a worker is entitled to approximately two-thirds of his average weekly wage while he is injured. Most states have waiting periods in place before a worker may collect lost wage benefits. Missouri law says that a worker is eligible for lost wages after being out of work for three days.
Disputes
If an injured worker has a dispute with her employer regarding a workers' compensation claim, she should attempt to resolve the issue directly with her employer. If she is unable to resolve the matter, Missouri offers mediation services through the Workers' Compensation Division's Dispute Management Division. Mediation is an informal proceeding in which the parties to the dispute get together with a neutral person to try to resolve the issue in a way that is satisfactory to everyone.
