A Question to Missouri Workers' Compensation Attorneys--What if I am Injured on the Job, But My Employer Has No Workers' Comp Insurance?
Missouri Workers' Compensation lawyers will tell you that this question can have a complicated answer, which depends on the exact circumstances of both your employment and your accident. Let's run down the different possibilities:
1. Your employer is in violation of Missouri's Workers Compensation laws.
2. Your employer is too small, and therefore exempt from Missouri's Workers Comp laws.
3. You are an independent contractor.
4. There is some dispute as to whether or not your injury was in fact job related.
Any Missouri employer, from Springfield to Joplin to Cape Girardeau is legally required to carry workers' comp insurance if they have five or more employees. Construction firms--with their higher potential for accidents--must carry workers' comp if they have only one employee.
If you are injured in a Missouri on-the-job accident and your employer falls into one of these two categories, he is in violation of Missouri law. You need to file a report with the Missouri Division of Workers Compensation Fraud and Non-Compliance Unit.
In this circumstance, you may be able to receive compensation for your injury from Missouri's Second Injury Fund, which is entitled to seek reimbursement from your employer. However, the Second Injury Fund will only pay your medical bills in this situation. In any situation where your employer fails to carry the required workers' comp insurance, Columbia Missouri Workers Comp lawyers recommend getting legal help.