Dealing with a workplace injury: Tips and info for Missouri workers
If you or a loved one has been injured on the job in Missouri, you may be hesitant about taking legal action because you're concerned about the impact it could have on your employment. Many injured workers worry that litigation will ruin their working relationship, while others are reluctant to deal with the stress of what can be a lengthy process.
However, under state law, the Missouri workers' compensation system is the exclusive remedy for damages and losses associated with workplace injuries. This means you do not need to sue your employer to recover financial compensation for your injuries and lost wages - in fact, in the vast majority of cases, you legally can't sue your employer. Any damages you suffer will be remedied through the worker's compensation system, not by filing a personal injury claim in civil court.
Workers' compensation involves a tradeoff for both employers and employees.
When you suffer an on-the-job injury, you're entitled to workers' compensation benefits regardless of who was at fault for your accident, but you are not permitted to sue your employer for negligence. In turn, your employer can't be subjected to a lawsuit, but your employer cannot assert any legal defenses to your claim for workers' compensation.
To be eligible for workers' compensation, your injury must have occurred within the course and scope of your employment.
So long as you were acting within the scope of your employment when your injury occurred, you are covered by workers' compensation. In other words, you're covered if you were injured in the course of performing your job duties. Be aware, however, that workers' compensation benefits are usually not available to employees who are injured while commuting to or from their workplace, under what is known as the "going and coming" rule.
Workers' compensation insurance is required for most employers.
Employers who have five or more employees are required by law to carry workers' compensation insurance. Employers in the construction industry must have workers' comp insurance if they have one or more employees. The law does provide exemptions for certain kinds of employees (section 287.090 RSMo), including farm laborers, domestic servants, certain real estate agents and direct sellers, and commercial motor-carrier owner operations
Workers compensation benefits are designed to cover your medical expenses, lost wages and permanent disability following a workplace injury.
Workers' comp benefits should cover your doctor visits, physical therapy appointments, hospitalization, and all other medical expenses medically necessary to diagnose and treat your work injury. If your injury prevents you from returning to work or from performing certain tasks, you may also be entitled to disability benefits.