If you have been injured at work and your employer either wasn’t carrying workers’ comp insurance or is denying your claim, contact a St. Louis work injury attorney.
It is a law in the state of Missouri that every employer who operated in the construction industry or employs more than five workers have workers’ compensation insurance to cover an injured worker if they are hurt at work, but there are exceptions to who needs to carry insurance. The positions of the workers within an organization might make it totally legal for an employer not to have insurance. Before you take that seasonal job for the summer, make sure you know if you are covered or not in case an accident happens.
What types of employers are not required to carry workers’ compensation?
Some occupations are not required to be covered by workers’ compensation insurance. An example are seasonal workers. Others who might not be covered are those who work in the daycare field as a private nanny, those who work as independent contractors, and those who work offshore, since they are covered by the Jones Act.
Are you covered if you take a seasonal job?
If you are a student returning for the summer or are someone who is considering taking on a side job in landscaping for some extra money, it is a good idea to find out if you are covered by your employer through workers’ compensation. Before you decide to take a position, it is always a good idea to protect yourself by asking if your employer has insurance in case you are injured.
What if you are injured and your employer doesn’t carry insurance?
If you are hurt while you are working and your employer is not required to carry workers’ compensation insurance, then you might be out of luck. Even if you are engaged in work-related activities, your employer might not be responsible if you hurt yourself while working.
If your employer is not required to carry workers’ compensation, then the only way that you will be able to receive compensation if you are hurt while at work is by suing your employer for personal injury. The problem with suing for personal injury is that you have to prove that your employer was somehow negligent in order to win a personal injury suit.
Unlike workers’ compensation benefits where negligence on behalf of the employer does not have to be shown, if you sue your employer for personal injury, then you do have to prove that they acted in a negligent way and that it was their actions that directly led to you getting hurt. Proving this is not always as easy as it sounds.
Seasonal employers are typically exempt from having to carry workers’ compensation insurance, so before you take a position, it is important to know whether you are covered or not. If you have been injured at work and your employer either wasn’t carrying workers’ compensation insurance or is denying your claim, it is important that you contact a St. Louis workers’ compensation lawyer to plead your case and to get you the maximum amount of compensation.