The state of Missouri legally requires employers and business owners to carry workers’ compensation insurance. Workers’ compensation isn’t just an insurance policy to make sure that a worker is compensated if they are injured while working; it also ensures that one bad accident by an employee doesn’t bankrupt a company. Unfortunately, though, not everyone follows the law.
Unlike personal injury, workers’ compensation isn’t based on the theory of negligence. You can be at fault for your accident and still be eligible to collect benefits. The only stipulation is that if you do collect, then unlike personal injury cases, you generally aren’t entitled to receive compensation for non-economic damages like pain and suffering. Workers’ compensation will only compensate you for economic damages, like your medical bills and lost wages from work.
Not only are employers in Missouri required to carry workers’ compensation insurance, but they are also responsible for providing proof of the coverage if an employee asks. If you suspect that your employer isn’t carrying workers’ compensation, then you can report them to the state. Most workers assume that their employers carry the mandatory requirements but rarely ask for proof.
What If Your Employer Isn't Carrying Workers' Compensation Insurance and You Are Injured?
If you are injured at work and can prove that you were working under the scope and authority of your employer, then you are entitled to make a claim for workers’ compensation. If your employer isn’t carrying insurance, then you can sue them in a court of law for personal injury. Not carrying workers’ compensation is one reason that you may be able to sue your employer. Under normal circumstances, if your employer is carrying workers’ compensation you cannot sue them in a court of law; you can only file a claim through workers’ compensation.
If you are injured while working and it isn’t work-related, but you can prove that your employer was negligent, you also may be able to sue. You would have to prove that your employer knew a risk existed, they could foreseeably know that it could result in an injury, they did nothing to make it better, and that you were injured as a result, then you do have a case for personal injury. The other instance where you can make a personal injury claim against your employer is if you can prove that your injury was intentional. Otherwise, whether you were at work when you were injured or not, if you were doing something outside the scope of your work duties then your claim will likely be denied.
If you suspect that your Missouri employer isn’t carrying the mandatory minimum coverage, or you are injured due to negligence or intention by your employer, then the first place to start is by speak with an experienced workers compensation attorney to learn more about your legal rights.
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