¿Quién puede quedar excluido de la indemnización por accidente de trabajo en Missouri? 2024

If you are an employee or employer in Missouri, you may have questions about workers’ compensation, such as, “Who can be excluded from workers’ compensation in Missouri?” The workers’ compensation lawyers from Northland Injury Law know that it is important to stay informed to ensure you understand your legal requirements and rights in the event of a workplace incident or injury.

Workers’ Compensation Exclusions

In Missouri, there are certain types of employers and individuals that can be excluded from workers’ compensation coverage under specific circumstances, and while not exhaustive, it is expressed in the following list:

• Sole Proprietors and Partners: Partners in business and sole proprietors are not required to carry workers’ compensation insurance for themselves. They are able to voluntarily opt-in for coverage if they wish to be covered by workers’ compensation in case of injury, but they must opt-in to be covered, this is not automatic.
• Corporate Officers: Corporate officers in Missouri can exclude themselves from workers’ compensation coverage by voluntarily filing a notice of exclusion with their insurance provider or with the Missouri Division of Workers’ Compensation.
  In specific industries like construction, there may be a limit on the ability of officers to exclude themselves from coverage, as workers’ compensation is required for all construction-related employers, regardless of the size of the company or organization.
• Family Members: Employers are not required to give workers’ compensation to immediate family members working for the business. Family members can include a spouse, children, parents, and siblings if they are not considered employees.
• Agricultural Employers: In agricultural settings, an employer with less than ten employees is exempt from the requirement of having workers’ compensation insurance, but if there are ten or more employees, they are required to provide the insurance.
• Certain Domestic Workers: Employers of domestic workers like housekeepers, nannies, or gardeners may not be required to have workers’ compensation insurance unless they have more than five domestic workers.
• Independent Contractors: Under workers’ compensation laws, independent contractors are not provided with insurance. This is important to understand as some workers may be misclassified as independent contractors when, in fact, they are actually employees. The distinction between an employee and an independent contract is key.

Alternatives to Workers’ Compensation

If a traditional workers’ compensation system and format is unavailable, there are alternative approaches that workers can pursue to address workplace injuries. Alternatives can vary by jurisdiction and the specific details of the situation. It may be important to consider that large companies or high-risk industries like construction can face strict requirements, and employers who do not provide workers’ compensation when they should can face serious penalties.

• Employer Liability Insurance: An employer may have a liability insurance policy instead of workers’ compensation to cover workplace injuries. This may happen in industries and areas where opting out of workers’ compensation is allowed. Liability insurance covers legal claims filed by employees for workplace injuries.
• Private Disability Insurance: Employees can independently purchase private disability insurance to cover lost wages if they face injuries due to work or are unable to work for another reason. This insurance provides income replacement but does not cover medical expenses like workers’ compensation can. Premiums are generally paid by the employee, not the employer.
• Voluntary Accident Insurance: As a part of a benefits package, an employer may offer voluntary accident insurance to employees. This can cover specific types of injuries or accidents and can be used in combination with other forms of insurance for larger protection.
• Self-Insurance: Larger employers may choose to become self-insured which means that they pay for workplace injury claims directly rather than using a workers’ compensation insurer. This generally must be approved by the state and stay in line with strict guidelines. It may be advantageous as it can offer more control over the claims process and may reduce the overall insurance expense they would otherwise pay.
• Civil Legal Claims: In certain cases, employers may pursue a civil claim against their employer for workplace injuries if workers’ compensation is not available.

Preguntas frecuentes

Who Is Exempt From Workers’ Compensation in Missouri?

In Missouri, there are some exemptions in workers’ compensation where employers and employees may not be required to use the workers’ compensation system. Employers with less than five employees may not be required to have workers’ compensation insurance for their employees, and sole proprietors and partners in a business are also not required to carry workers’ compensation for themselves, but they can choose to get covered voluntarily.

Who Is Required to Have Workers’ Compensation Insurance in Missouri?

In Missouri, most employers are required by law to carry workers’ compensation insurance to cover their employees in the event that a work-related injury or illness happens. In general, employers with five or more employees who are in high-risk industries like construction are required to provide workers’ compensation for their employees.

Can Corporate Officers Be Excluded From Workers’ Compensation in Missouri?

In Missouri, corporate officers can be excluded from workers’ compensation coverage under certain circumstances. A corporate officer is an individual who is generally considered an officer of a corporation under Missouri law, such as a president, vice president, secretary, or treasurer. To be excluded from workers’ compensation, a corporate officer must adhere to certain requirements like filing a written request with their insurance carrier.

Do I Need a Lawyer to File for Workers’ Compensation?

While you do not necessarily need a lawyer’s support to file a workers’ compensation claim in Missouri, there are situations where having a lawyer can be beneficial. Lawyers can help with your claim, especially in situations where there are more complex issues like disputed claims, denied benefits, complex injuries, appeals, complex medical conditions, or third-party liability.

Get in Touch With a Workers’ Compensation Lawyer Today

If you are facing issues with a worker’s compensation claim, it may be time to involve a trusted workers’ compensation lawyer to ensure that you are receiving fair treatment and a solid chance at getting the compensation and benefits you deserve. Reach out to Ley de lesiones de Northland today to set up an initial consultation with a legal professional who can guide you through the legal process, answer your questions, and address your concerns. Do not hesitate to get help.