If you are injured on the job in Missouri, it's essential that you take certain actions as soon as possible following your injury. In this 4 part series, our workers' compensation attorneys will outline the best practices for an injured worker, from reporting your injury to making sure your claim is resolved. Following certain procedures in a timely fashion is one of the best ways to ensure your rights and benefits are protected.
How do I know if I'm eligible for workers' compensation benefits?
In Missouri, businesses are required to carry workers' compensation coverage when they employee 5 people or more. (NOTE: "Construction industry employers that erect, demolish, alter, or repair improvements" must carry work comp, even if they only have one employee.) Missouri workers' compensation law does not apply to railroad, postal or maritime workers, as these employees are covered by federal law.
Additionally, the Missouri Department of Labor outlines other kinds of employees who are not eligible for workers' compensation benefits:
• Farm labor employees
• Domestic servants in private households (both full time and part time)
• Direct sellers and real estate agents (as defined in Title 26 United States Code, Section 3508)
• Unpaid volunteers of a tax-exempt organization (as defined in the Internal Revenue Code, Section 501(c)3
• Adjudicators, referees, or contest workers for school activities, youth sports, etc.
• Certain inmates, patients, or residents of Missouri, or one of its counties or municipalities
If an employer has fewer than the required number of employees, or falls into one of the above categories, that employer can elect to carry workers' compensation coverage, but it is purely voluntary.
How do I know if my injury is covered?
An important term to discuss here is "prevailing factor." Injuries sustained in the workplace must be "the prevailing factor in causing both the resulting medical condition and disability, and the injury must arise out of and in the course of employment." If an injury is the prevailing factor, then it is the primary source of any medical condition or disability. The same standard applies to occupational diseases, which are medical conditions that develop because of extended or repeated behavior.
So I'm eligible for workers' compensation: what do I do now?
Remember you must notify your employer within 30 days of your injury, or you risk forfeiting your eligibility for workers' compensation benefits. Your employer will need specific information: be sure to include your name and address; the place, date and time of the injury; and the nature of the injury. You should keep a copy of this notice for your own records, and if you hand deliver it, you should also keep a record of when and to whom you delivered it. By law, your employer is then required to report your injury to the Missouri Division of Labor, so that your medical treatment can be arranged, and the necessary paperwork can be submitted. (You can check to make sure your employer has reported your injury by calling the Division of Labor at 1-800-775-2667.)
Now would also be a good time to contact an experienced workers' compensation attorney. Talking with a lawyer early on ensures that you have someone representing your rights from the very beginning of the process.
For more information about workers' compensation claims, please visit our website. In Part 2 of this series, coming next week, we'll discuss medical care.
