What if I am Injured on the Job, But My Employer Has No Missouri Workers' Comp Insurance? (Part two)
Here is a question posed to Missouri Workers' Compensation Attorneys all the time: If my employer is so small that they are not required by Missouri law to carry workers' compensation--does this mean I must pay for my injury myself?
If your employer is not required to have insurance, he is still liable to pay for your injury and medical care, But, rather than being subject to Missouri workers compensation laws, he is now subject to civil lawsuits. Joplin Missouri job accident attorneys advise that if your employer doesn't take care of you and your medical expenses in a timely and appropriate manner, you are within your rights to seek legal action against him. Before proceeding, you would be wise to consult an experienced Missouri personal injury attorney and make sure you actually do have a legitimate case.
Can I Receive Missouri Workers' Compensation as an Independent Contractor?
If you are an independent contractor who suffers an injury while working, your employer has no legal liability--because in fact you are your own employer. As Springfield Missouri Workers' Compensation Lawyers, we know that this is a very misunderstood issue. If you are ever offered a job where you can choose between being "on the books" or working as an independent contractor--you must take into consideration that you have no legal compensation if you are injured on the job as an independent contractor.
Claiming that you are an independent contractor and not an employee is a common way employers get around having to pay in case of an accident. You need your status clearly defined whenever you take a job.
The Missouri Supreme Court has defined an independent contractor as "one who, exercising an independent employment, contracts to do a piece of work according to his own methods, without being subject to the control of his employer, except as to the result of his work" (Vaseleou v. St. Louis Realty & Securities Co., 344 Mo. 1121 (1939)).