Workers’ Compensation Insurance in Missouri
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Missouri workers’ compensation law

Missouri law generally requires every business with five or more employees to provide workers’ compensation insurance. However, there are exceptions.

Who needs workers’ comp insurance in Missouri?

All companies with five or more employees must provide workers’ compensation insurance in Missouri. However, construction contractors are required to have workers’ comp even if they only have one employee.

Missouri’s legal definition of employee is quite broad; it covers full- and part-time workers, along with seasonal and temporary workers.

Which employees are exempt from workers’ compensation insurance in Missouri?

The state’s workers’ compensation requirements exempt a limited number of employee types, including:

  • Farm laborers
  • Domestic servants
  • Certain real estate agents
  • Direct sellers
  • Commercial motor-carrier owner-operators (commercial truckers)

Employers with fewer than five employees or who employ exempt employers (farm laborers, domestic help, etc.) may elect to voluntarily comply with the law.

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Do Missouri business owners need to be covered by workers’ compensation?

In general, you have to include yourself in your company’s workers’ comp insurance. The exceptions are if:

  • You’re a sole proprietor
  • You’re part of a partnership that owns the firm.

However, sole proprietors and partners can choose to participate in their workers’ comp plan if they find value in the protection it offers. They can arrange to have their names added to their workers’ compensation insurance policy by endorsement.

In limited liability companies (LLCs), members and close family member-employees are normally covered unless they decide to opt out via written notice to the insurance company. However, non-family LLC employees must be covered.

How should corporate officers be treated for workers’ comp purposes?

Corporate officers are considered employees and therefore must have workers’ comp coverage. One exception applies: If the corporation has no more than two owners who are also the company’s only employees, then those individuals can opt out by filing a form with the Missouri Division of Workers’ Compensation.

How does workers’ comp work in Missouri?

Missouri business owners can compare quotes and purchase a policy from private insurance companies. (Insureon offers this service with its online insurance marketplace.) If they’re unable to qualify, they can buy it from the state’s assigned risk residual market, the Missouri Workers’ Compensation Assigned Risk Plan. This is the insurance plan of last resort for state employers that are unable to find standard coverage due to their high-risk status (e.g., an excessive number of job-related injuries and illnesses).

Missouri employers also can self-insure their workers’ compensation claims. This means they’ll pay for their own workers’ comp medical and rehabilitation costs rather than submit them to their workers’ comp insurer. It also means they will be directly liable for any lawsuits injured or sick employees file against them.

To become self-insured, either as an individual employer or as part of an employer group, you must first be certified by the Missouri Division of Workers’ Compensation.

What is the average cost of workers’ compensation insurance in Missouri?

Estimated employer costs for workers' compensation in Missouri are $1.19 per $100 covered in payroll.

What are the penalties for not having workers’ comp insurance in Missouri?

If you neglect to provide workers’ comp to your workers, you can be charged with a misdemeanor. If found guilty, you may face a penalty of three times the workers’ comp premium you should have paid, up to a maximum of $50,000. You will also be responsible for paying for the medical or rehab expenses of injured employees.

If caught without workers’ compensation a second time, you could be charged with a felony.

Workers’ compensation death benefits in Missouri 

If an employee dies as a result of a work-related injury or illness, some family members may receive death benefits. These include weekly payments to cover a portion of the deceased employee’s income, along with funeral and burial costs.

Eligible family members include:

  • The deceased worker’s spouse
  • A child under age 18 (or a stepchild claimed as a dependent for federal tax purposes)
  • A child younger than age 22 (if going to school full-time or on active duty in the U.S. military)
  • A child of any age who’s unable to work due to a physical or mental disability

The deceased worker’s dependent family members will receive death benefits calculated on the basis of the person’s pre-injury weekly pay. However, it will not be more than 67% of the deceased employee’s average weekly wage, subject to the state’s mandated minimum and maximum benefit amounts.

Benefits will continue until the surviving spouse dies or gets remarried. If the latter happens, the spouse will get a final lump-sum payment equal to two years of benefit payments.

Workers’ comp settlements in Missouri

A workers’ compensation settlement is an agreement between the injured employee, employer, and insurer that will resolve a workers’ compensation claim. This benefits both the employee and the employer.

A settlement in a Missouri workers’ compensation claim typically is a full and final settlement. This means the employee forfeits the right to receive any future workers’ comp benefits. However, if the employee will require future extensive medical treatments, the insurance company may agree to pay for them even though the rest of the claim has been closed.

All settlements are subject to the approval of an administrative law judge at the Missouri Division of Workers’ Compensation.

Workers’ compensation statute of limitations in Missouri

In Missouri, the statute of limitations for workers’ comp claims is within two years from the date of injury or within one year from the last workers’ comp payment.

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