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WORKER'S COMPENSATION

Does my Missouri business need workers compensation insurance?

Workers compensation coverage is required for all employers that have five or more employees. However, if a business is in the construction industry then coverage must be provided if there are one or more employees. It is important to note that Missouri law does not distinguish between employees of different employment statuses. The statutory definition of "employee" includes both full and part-time employees, seasonal, and even temporary employees.

Who can exempt themselves from Missouri workers compensation Insurance?

A very small and very specific group of employees, which includes farm laborers, domestic servants, certain real estate agents, direct sellers, commercial motor-carrier owner-operators, volunteers of a tax exempt organization adjudicators, sports officials ,or contest workers for interscholastic activity programs or amateur youth programs who are not employed by an event sponsor. Also, maritime, railroad, and postal workers are covered under federal laws and not by Missouri Workers Compensation Laws. Exempt employers that decide not to purchase workers compensation insurance or to self-insure remain exposed to civil lawsuits brought by employees who are injured during work.

Does Missouri workers compensation law have specific requirements for subcontractors/contractors and sole proprietors?

The workers compensation statute says that a general contractor is liable for any injuries to the employees of uninsured subcontractors. The general contractor's insurer will also charge additional premium if you cannot provide proof of coverage, even if you have no employees. Sole proprietors and partners are not required by law to be covered unless they elect to be covered. However, close family member-employees and members of limited liability companies are presumed to be covered unless they opt out.

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