Report Your Injury Immediately
Report Your Injury immediately to your employer or supervisor. Failure to report your injury to your employer within 30 days may jeopardize your ability to receive workers’ compensation benefits. Notify your employer in writing; the written notice must state the date, time and place of the injury, the nature of the injury and the name and address of the person injured. You can use this online form if your employer does not provide you with a form. Always make a copy of the written notice for yourself and keep a written record of the date you mailed your notice. If you hand-deliver your notice, keep a record of the date and time of the delivery along with the full name and title of the person you delivered it to. After reporting your injury, your employer should arrange for the necessary medical treatment and the filing of the reports with the Division. To verify that your injury has been reported, call the Division at 800-775-2667.
Failure to Report by Employer or Insurer
The employer or insurer who knowingly fails to report the injury to the Division in a timely manner may be subject to fine or imprisonment or both. You may contact the Division’s Fraud and Noncompliance Unit for further information.
Related: Report Fraud
Related: When an Employer Doesn't Have Workers' Compensation Insurance
Employees covered under the Missouri Workers’ Compensation Law
Every employer that has five or more employees must insure its workers’ compensation obligations with an insurance carrier that is authorized to write such insurance in the state of Missouri by the Department of Insurance, Financial Institutions and Professional Registration, or meet the Division of Workers’ Compensation requirements to self-insure its liabilities. Construction industry employers that erect, demolish, alter, or repair improvements are required to carry workers’ compensation insurance if they have one or more employees. Railroad, postal and maritime workers are covered by federal laws, not by the Missouri Workers’ Compensation law.
The Missouri Workers’ Compensation Law does not apply to:
- Employment of farm labor
- Domestic servants in a private home
- Occasional labor performed for a private household
- Qualified real estate agents and direct sellers as defined in Section 3508 of Title 26 United States Code
- Volunteers of a tax-exempt organization under Section 501(c)3 of the Internal Revenue Code who are not paid wages, provide services purely on a charitable and voluntary basis.
- Certain inmates, patients or residents of the state, county or municipality
- Persons providing services as adjudicators, sports officials, or contest workers for interscholastic activities programs or similar amateur youth programs.
Employers that do not have the required number of employees or who have employees in the exempt categories may nevertheless “elect” to come under the law by purchasing and accepting a valid workers’ compensation insurance policy or endorsement.
Injuries covered under the Missouri Workers’ Compensation Law
All injuries occurring after August 28, 2005, must meet the standard of the accident being 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. The prevailing factor is defined to be the primary factor, in relation to any other factor, causing both the resulting medical condition and disability. Occupational diseases occurring after August 28, 2005, must meet the standard of the occupational exposure being the prevailing factor in causing both the resulting medical condition and disability.
Related: Occupational diseases