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Am I Eligible for Workers’ Compensation?

Workers’ compensation benefits Missouri workers who have become injured or ill as a result of their job.

St. Louis workers compensation attorney

The law has mandated every employer who employs more than five workers to have workers’ compensation insurance. Employers in the construction sector are required to have workers’ compensation insurance even if they employ just one employee.

Understanding Eligibility

Quite often, people consult Missouri workers’ compensation lawyers to understand whether or not they are eligible for workers’ compensation. According to the lawyers, workers compensation law is quite clear, and states that anyone who becomes injured in the course and scope of employment is eligible for workers compensation.

Three Basic Criteria

The law has established three basic criteria for an employee to be eligible for workers compensation. Anyone who qualifies these criteria can receive workers’ compensation. However, there are some special cases where it might not apply. We will discuss these special cases in a little while. In the meantime, let us have a look at three qualification criteria that every injured employee must meet in order to receive workers compensation.

Employer Must Be Covered Under Workers Compensation

You can claim works compensation from an employer who is covered under workers compensation. In Missouri, an employer who has more than five employees working for them needs to have workers’ compensation coverage. The employer may offer coverage by purchasing workers compensation insurance or by self-insuring. Workers compensation coverage protects employers from lawsuits arising out of injuries caused at the workplace.

You Must Be an Employee

You need to be an employee to claim compensation for the injuries suffered at the workplace. The definition of an employee is quite precise and does not include independent workers such as IT consultants or freelance writers. However, in many cases the employer may try to deny a claim stating that the injured person is an independent worker. Any such case should be handled with the help of an experienced Missouri workers’ compensation lawyer.

Illness or Injury Must Be Work-Related

If you were injured in the course and scope of your employment, you may be entitled to workers compensation. In other words, if you become injured while performing your duties at the workplace or even outside of it (while working at a client’s site) you may be entitled to workers compensation.

As we discussed earlier, some groups of employees are not entitled to workers compensation even though they might have sustained injuries at their workplace. In most states, domestic workers such as babysitters and housekeepers, agricultural and farm workers, seasonal and casual workers, loaned and leased workers, and undocumented workers are not covered by workers compensation. It must be noted that there might be some variation in the regulations across the states.

If you are unable to figure out whether or not you qualify for workers compensation, contact The Law Office of James M. Hoffmann at (314) 361-4300 to discuss your case. We will help you navigate the workers compensation process.

Missouri Workers Compensation

Updated: March 11, 2022