Not all employers are necessarily required to carry workers’ compensation insurance in Missouri. However, most companies are required to have workers' comp insurance in case of work injuries.
Let's discuss the basics of workers’ comp, which employers are generally required to carry workers’ compensation insurance, and what to do if you are injured on the job and your employer does not have workers’ compensation insurance.
What Is Workers’ Comp Insurance?
Workers’ compensation insurance is a type of insurance policy that employers carry to protect themselves and their employers from liability at work. This type of policy is a bit different than other types of insurance like auto insurance, because it generally pays out regardless of who was at fault.
Whether you or your employer were at fault for the accident, you will be covered. Once you file your claim, you will typically receive 2/3 of your wages weekly, coverage for medical costs, and a lump sum payment if you are eligible for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits.
When Do Employers Need To Carry Workers’ Comp Insurance?
There are two basic criteria that any company must meet in Missouri to require workers’ comp insurance.
First, if the employer has 5 or more people working for them – either full or part-time – they are generally required to carry a workers’ compensation insurance policy, regardless of their industry.
Second, if your employer operates in the construction industry and your employer has one or more employees who “erect, demolish, alter, or repair improvements,” Missouri law requires them to carry workers’ compensation insurance. This is true even if there are fewer than 5 full or part-time employees.
If your employer meets either of these criteria, they are legally required to carry a workers’ compensation policy. If they don’t, they may be violating the law.
What If I’m Injured And My Employer Doesn’t Have Workers’ Comp?
If your employer should have workers’ compensation but they don’t carry a policy and you’re injured on the job, you speak with a St. Louis work injury lawyer as soon as possible. Your lawyer will help you file a personal injury suit against your employer to recover the damages you deserve. In addition, you may qualify for compensation from the Missouri Second Injury Fund, which can help injured workers cover their expenses in certain cases. Working with a St. Louis workers’ compensation attorney can be very helpful when filing with the SIF, since you can get the guidance you need throughout the process of filing your claim.
Get Help From An Experienced Workers’ Compensation Attorney Right Away
If you are injured and your employer doesn’t have workers’ compensation insurance, get in touch with a work injury attorney in St. Louis ASAP. Your lawyer will work with you to take the appropriate legal action, and ensure you get the compensation you deserve for lost wages, medical bills, and pain and suffering caused by a work injury.
Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.
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