Missouri Workers Compensation - minimum and maximum payrolls,laws,rules,subrogation,waivers,statutes,state contacts and detailed policy information

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. When sole proprietors are included in coverage the rating payroll of $31,400 per year is used as of 7-1-10. $35,600 as of 7-1-11.

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. When a partner is included in coverage the rating payroll of $31,400 per year is used as of 7-1-10. $35,600 as of 7-1-11.

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. Rating payroll of $31,400 per year is used for a corporate officer as of 7-1-10. $35,600 as of 7-1-11.

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. LLC members (if they have not individually rejected coverage pursuant to Section 287.037 RSMo.) are treated as corporate officers for premium computation purposes. Rating payroll of $31,400 per year is used for a LLC member as of 7-1-10. $35,600 as of 7-1-11.

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.

Missouri Workers Compensation Subrogation: Statute 287.150 is the Missouri Statute of Subrogation. It is here where you will find specific information about workers comp subrogation issues for this state. where you will find subrogation information for the State of Mississippi. Section 150 entitled "Subrogation to rights of employee or dependents against third person, effect of recovery--construction design professional, immunity from liability, when, exception--waiver of subrogation rights on certain contracts void, employer's lien on subrogation recovery, when." provides answers about subrogation questions for Missouri. You can view this statute by clicking the link we've provided below.

Waivers of Subrogation: Not allowed and are against public policy in Missouri for an employer in the construction group of code classifications. This can be found in 287.150.6 of the statute.

Missouri Statute On Subrogation

Missouri Workers Working In Other States; Other States Workers Working In Missouri, Extraterritorial, Reciprocity and Non-Compliance: When Missouri workers are working temporarily in another state, then workers compensation coverage for that worker is governed by the extraterritorial provisions found in Missouri statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. It's reciprocity that governs coverage for a worker from another state who is working temporarily in Missouri. Pay attention to the numerical exceptions and special notes that apply to contractors for Missouri, they apply to out of state employers and if not conformed to may make the out of state employer non-compliant. Also Missouri requires a Missouri endorsement to the policy from an authorized insurer. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!

Extraterritorial:
- Provisions: Yes
- Duration: 90 days
Reciprocity:
- Allowed: No
Specific Statute: Missouri 287.110, Scope of chapter as to injuries and diseases covered ;
Specific Statute: Missouri 287.280, Employer's entire liability to be covered, self-insurer or approved carrier.. etc ;
For More Information Contact: Missouri Division of Workers Compensation as shown below.

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://insurance.mo.gov/consumers/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

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: (931) 292-2633
Fax: (573) 447-4998
email: rks@workcompconsultant.com

Disclaimer - Privacy

Copyright © 2008-2011 Workers Comp Consultants, Inc. All rights reserved.

Missouri Workers Compensation Laws

Workers compensation policy information for the State of Missouri