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Workers' Compensation



Who is Covered by Workers' Compensation?

Any employer with five or more employees, and all employers in the construction industry, are required to provide protection for their employees under the Missouri Workers' Compensation Law. Most employers do this by purchasing a workers' compensation insurance policy from an insurance company authorized to do business in Missouri. Some employers satisfy their obligation by applying for and becoming qualified to self-insure their workers' compensation liability. If your employer has five or more employees, or if your employer is in the construction industry and has even one employee, it is required by Missouri law to either obtain insurance coverage or become authorized as a self-insured so you will be protected under the Missouri Workers' Compensation Law.

How Do I Get Medical Treatment For My Injury?

Under Missouri law, the employer (and not the insurance company) has the right to select the treating doctor in workers' compensation cases. If you need to see a doctor for treatment as the result of an injury on the job, you should tell your employer you want to see a doctor. If your employer knows that you need treatment because of a compensable accident, your employer should tell you which doctor to see. If your employer does not refer you to any particular doctor, you should ask your employer which doctor your employer wants you to see. Since your employer has the right to select the treating doctor, your employer (and its insurance company) may not have to pay for your bills if you choose to go to your own doctor rather than to your employer's authorized treating doctor.

Will I be Paid When I am Off Work?

If the treating doctor certifies that you are unable to work, you should be entitled to "temporary total disability benefits" under the Missouri Workers' Compensation Law when you are off work. You will not be paid benefits for the first three regularly scheduled work days you are off, but you should be paid for each day missed thereafter, and also for the first three days if you are off more than two weeks. The amount of these benefits is two-thirds of your gross average weekly wage, subject to certain maximums which change each year. The law contains a formula for determining your average wage, which usually involves computing the average gross wages you earned over the 13 weeks prior to the accident.

When Should I File a Claim?

The Missouri Workers' Compensation Law contains time limits for the filing of claims. Generally, a claim under the Missouri Workers' Compensation Law must be filed with the Division of Workers' Compensation within two years of the last to occur of the following: the date of the accident; the last payment of workers' compensation benefits; or the last medical treatment provided; or, within three years of the last of those dates if the employer failed to file the Report of Injury with the Division of Workers' Compensation within the time allowed by law. Remember that simply notifying your employer or its insurance carrier about your injury does not constitute filing a claim. A claim is "filed" by filing the claim form with the Division of Workers' Compensation, not with your employer or its insurance company. A claim against the Second Injury Fund must be filed within two years of the date of the accident or within one year after the claim is filed against the employer, whichever is later.

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OneSource Insurance Group • 5315 N. Towne Centre Dr. • Ozark. Missouri 65721 • Phone: 417-724-1700 • Fax: 417-724-1723 • Email: mark.acre@onesourcegroup.net