Unfortunately, in order to save money, some employers fail to maintain workers compensation insurance, which is required under Missouri law.
Many employees do not think much about workers compensation until they become injured. Unfortunately, in order to save money, some employers fail to maintain workers compensation insurance, which is required under Missouri law. Missouri law dictates that every employer who has 5 or more employees have workers comp insurance. This means that an employer who has 5 or more employees total, whether they all live or work in Missouri or not, must carry Missouri workers compensation insurance for Missouri employees. This includes full time and part time employees.
One exception to this rule, however, is the construction industry. Employers in construction must have insurance if they employ even one individual, whether it be full or part time.
Encountering Problems With Workers Comp Claims
You should know your rights and what is required of your employer so that when filing an injury claim you know what to expect and if you run into any snags you are better prepared. For instance, what if your employer delays reporting your injury? Well, employers and insurers have 30 days from the time they were informed of the injury or death to report the incident to the Division of Workers Compensation. The injury must be reported by the employer to their insurance carrier within 5 days of the injury, and then the carrier must in turn report to the Division. Employers who delay or simply take no steps to report an injury would be investigated by the Fraud and Noncompliance Unit.
Another issue that some employees experience is being charged for workers comp insurance. It is the duty of the employer to maintain and cover the cost of workers comp insurance, not the employee’s. If you notice on your pay stub that you are being charged for any part of the cost of workers comp insurance, this is a violation that you can report to the Fraud and Noncompliance Unit.
It is important that you understand if your employer has workers compensation insurance and whether or not you are covered. If you are working in Missouri, but the company you work for is based in another state and has insurance in another state, you should inquire as to whether or not you are actually covered. You can do this by contacting the insurance company directly and asking whether or not you will be covered. Because states have different workers comp systems and laws, you may or may not be covered. If your employer does not have Missouri coverage, you can report this to the Fraud Unit.
Contact the Law Office of James M. Hoffmann
These are just some of the questions that employees have regarding workers comp coverage. If you have been injured at work, suspect workers comp fraud, or would like more information about a claim, contact the Law Office of James M. Hoffmann. Our Missouri Workers Compensation Attorneys can provide you with the necessary information to make the right choices so that you can receive the best medical care, benefits and income. Call us today at (314) 361-4300 or fill out our online contact form.
photo credit: MoBikeFed