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Missouri workers’ compensation offers medical and financial benefits to those who suffer job-related illnesses or injuries without them needing to prove fault.
This system allows workers to get the benefits they need. In this guide, we will look in-depth at Missouri workers’ compensation laws, including eligibility, types of benefits, and rights of both employees and employers.
Workers’ Compensation in Missouri
The Missouri Workers’ Compensation Law is found under Chapter 287 of the Revised Statutes of Missouri. That statute outlines workers’ comp rights, responsibilities, and procedures.
Most employees are covered under workers’ compensation laws, including full-time, part-time, seasonal, and temporary workers. However, there are certain exceptions. Like most states’ workers’ comp programs, independent contractors are not covered. However, in Missouri, they can receive benefits if they are in the construction industry.
Along with that, according to the Missouri Department of Labor and Industrial Relations, there are a few rules regarding which employers need to have a workers’ compensation policy. Only those employers with five or more staff members or a construction employer with one or more employees are required to carry workers’ compensation insurance.
Additionally, injuries or illnesses must be related to the person’s work duties and occur during their employment. These work-related injuries can result from on-the-job accidents, repetitive stress injuries, or occupational diseases. Any injuries or illnesses that happen away from the workplace are not covered.
What Types of Benefits Are Available to Missouri Workers?
Workers who are injured on the job are entitled to several types of benefits under the Missouri workers’ comp program. When a worker is injured or ill, they are entitled to medical care. Some workers might worry about the costs, but their expenses are covered when these incidents happen in the workplace. Workers can also receive medical benefits for treating illnesses and injuries from job-related issues, such as health care visits, emergency room visits, hospital stays, medications, and physical therapy.
However, coverage for medical care expenses is not the only benefit. Workers can also have a certain percentage of their wages reimbursed as they recover from their injuries. For example, if an employee is temporarily unable to work, temporary total disability (TTD) benefits will cover a portion of their lost wages. In Missouri, these workers will receive around two-thirds of their average weekly wage.
Along with that, there are other types of wage replacement benefits. Sometimes, an employee can return to work in a limited capacity. In these cases, they will earn less than their pre-injury wages. With that, they may be able to receive temporary partial disability (TPD) benefits to compensate for the difference. This is usually calculated at two-thirds of the wage difference.
Injuries and illnesses can also cause some type of disability. If the issue leads to partial disability, a worker may qualify for permanent partial disability (PPD) benefits. On the other hand, permanent total disability (PTD) benefits could be applicable. These disability benefits are calculated at two-thirds of their weekly wage and will continue for the length of the disability.
Also, Missouri workers’ compensation laws include provisions for vocational rehabilitation. If an injured worker is unable to return to their previous role due to the injury, they may be eligible for retraining and job placement services. With these services, the workers can learn new skills to be hired for different types of jobs that accommodate their physical limitations.
In the event of illness or injuries resulting in the passing of an employee, a worker’s surviving dependents can be eligible for death benefits. This type of compensation can provide continuous financial support, along with covering burial or funeral expenses.
Employee and Employer Rights Under Missouri’s Law
In the state of Missouri, the law affords several rights and responsibilities to both employers and employees.
In most cases, when an employee is injured or becomes ill, they cannot sue their employer. However, certain exceptions exist, such as if the employer did not have workers’ compensation coverage.
Employers are also prohibited from retaliating against employees who file a workers’ compensation claim. These illegal measures can include demotions, terminations, or preventing employees from filing a claim. If the employee thinks they have suffered from retaliation, they will need to file a complaint with the Missouri Department of Labor and Industrial Relations.
Missouri has a Second Injury Fund in addition to workers’ compensation. With that, workers who suffer a subsequent injury in addition to a prior impairment will be able to receive greater disability benefits. Workers can often receive benefits not covered by standard workers’ compensation insurance, such as wage loss compensation in certain industries.
Also, an employer’s insurance carrier may require an injured worker to undergo an independent medical examination (IME). These exams will assess the severity of the injury and the required medical treatment.
At any stage of the process, injured workers can have a lawyer to represent their interests. With legal help, workers can receive the benefits they are entitled to under Missouri’s laws.
Requirements for Reporting an Injury or Illness
Once a worker has discovered an illness or been hurt on the job, they must make a report to their employer as soon as possible. There is a 30-day deadline from the date of the injury or diagnosis of a work-related illness. If the worker does not notify their employer, they could forfeit their compensation benefits.
While the employee needs to inform their employer, they do not have to claim workers’ compensation benefits immediately. They have up to two years to make a claim. In the event that the employer did not file a report with the Division of Workers’ Compensation, then the injured workers’ deadline is extended to three years.
Once an injury is reported, the employer must notify their workers’ compensation insurance carrier or the Third Party Administration within five days from the date that the employer notified them or when the injury occurs, whichever is later.
After that, the employer or their insurers will need to file a report with the Missouri Division of Workers’ Compensation within 30 days. If the employer intentionally fails to make this report, it could lead to them facing misdemeanor criminal charges.
If a workers’ compensation claim is denied, there are a few dispute resolution remedies: mediation, a pre-hearing conference, or a formal hearing before an administrative law judge. If the judge’s decision is unfavorable, a worker can appeal their workers’ comp case to the Labor and Industrial Relations Commission and even to a higher court, the Missouri Court of Appeals.
Missouri workers’ compensation laws offer financial aid for those who have been affected by a job-related injury or illness. With access to medical care and financial support, these laws help injured workers recover and return to work.
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