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Top 10 List of Work Comp Audit Errors
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Missouri Workers Compensation Laws
Workers compensation policy information for the State of Missouri
- State: Missouri
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
- Compulsory: Yes
- Private Insurance: Allowed
- Self-Insurance: Allowed
- State Fund: No state fund
- Assigned Risk: The Missouri Workers' Compensation Assigned Risk Pool (also known as the Missouri Workers' Compensation Insurance Plan) is administered by the contract carrier, Travelers Commercial Casualty Company.
- Numerical Exceptions: 5 unless the employer is in the construction business which is then 1 - As a general rule, firms with five or more employees must be covered, although contractors with even one employee must also buy coverage. It is important to note that Missouri law does not distinguish between employees of different employment statuses. The statutory definition of "Employee" includes both full and part-time employees, seasonal and even temporary employees.
The Workers' Compensation Act does exempt a very small and very specific group of employees, which includes farm laborers, domestic servants, certain real estate agents and direct sellers and commercial motor-carrier owner-operators.
Sole proprietors and partners are not themselves covered unless they elect to be covered. On the other hand, close family member-employees and members of limited liability companies are presumed to be covered unless they opt out.
- Individual Waivers Allowed: No
- Sole Proprietor: Excluded from coverage/may elect to be included - Sole proprietors are considered employers, not employees, and are not covered by your policy. Sole proprietors can be added to the policy by endorsement. As of 7/01/2008 payroll for all sole proprietors will be assessed at $22,200 per year.
- Partners: Excluded from coverage/may elect to be included - Partners are considered employers, not employees, and are not covered by your policy. However can be added to the policy by endorsement. As of 7/01/2008 payroll for partners will be assessed at $22,200 per year.
- Corporate Officers: Included in coverage - Corporate officers are considered employees of the corporation and must be covered. An exception is made for corporations when there are no more than two owners of the corporation who are also the only employees of the corporation.
Currently, payroll for corporate officers is based on actual payroll, subject to a minimum of $426.92 per week and a maximum of $500 per week. Under current rules, LLC members (if they have not individually rejected coverage pursuant to Section 287.037 RSMo.) are treated as corporate officers for premium computation purposes.
- LLC Members: Included in coverage/may elect to be exempt - Limited liability company members are covered by your workers compensation policy unless they specifically state they do not wish to be covered, using a special endorsement to your policy. Your insurer can provide you with this endorsement. See corporate officers for treatment of payroll.
- Contractors: Contractors with even one employee must also buy coverage.
- Special Notes: As of August 28, 1998, family members of sole proprietors and partners are covered unless they are specifically excluded on an endorsement (NCCI form WC 00 03 08, Partners, Officers and Others Exclusion Endorsement). However, even if family members are excluded, they are still counted towards the number of employees to determine if you are required by law to carry workers compensation insurance. This provision does not, however, apply to family members of LLCs or corporations.
- Regulated By:
- Missouri Department of Labor and Insudtrial Relations
- Division of Workers' Compensation
- 3315 West Truman Boulevard Room 131
- PO Box 58
- Jefferson City 65102-0058
- Telephone: (573) 751-4231
- Fax: (573) 751-2012
- http://www.dolir.mo.gov/wc/
- Missouri Department of Insurance
- 301 West High Street, Room 530
- PO Box 690
- Jefferson City, MO 65102-0690
- http://www.insurance.mo.gov/
- Workers Compensation Statute:
- http://www.moga.mo.gov/STATUTES/C287.HTM
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- Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (573) 999-6948
Fax: (573) 447-4998
email: rks@workcompconsultant.com
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