Missouri Workers Compensation Lawyer Blog

Bill Preventing Co-Worker Lawsuits Passes Missouri General Assembly: Occupational Diseases & Second Injury Fund Left in Limbo

Thu, 17 May 2012 16:00:48 -0600

On Tuesday afternoon, the Missouri General Assembly passed a bill that will prohibit employees from suing their co-workers for on-the-job injuries. The legislation would only allow employees to sue co-workers when "the accident was the result of gross negligence or an intentional act of harm," says the Springfield News-Leader. The bill was passed in the Missouri House by a vote of 122 - 29, and the Senate unanimously approved it within the same day. Now, it awaits Governor Nixon's approval.

However, the bill does not address two pressing issues that directly affect the Missouri workers' compensation system: (1) the struggling Second Injury Fund; and (2) the process for treating deadly work-related diseases. It appears that these issues will not be addressed until next year.

Earlier this year, Governor Nixon vetoed legislation that addressed all three subjects. In his veto letter, Nixon said his primary concern is connected to occupational diseases, and his worry that the workers' compensation system cannot "adequately compensate workers for debilitating diseases that will eventually take their lives, and [that] such cases should be handled by civil courts, as they now are," according to Columbia Daily Tribune. Occupational diseases are chronic ailments contracted through the workplace, such as mesothelioma and lead poisoning.

After vetoing the proposed bill, however, Nixon sent a letter to Senate Majority Leader Tom Dempsey and Minority Leader Victor Callahan. In the letter, Nixon agreed to sign new workers' comp legislation, provided that those who suffer from occupational diseases would be awarded "enhanced benefits" - meaning they would receive larger weekly payments than injured workers.

In response, Dempsey reportedly proposed that those workers be paid 200% of the state's average weekly wage for 200 weeks, which would equate to a settlement around $300,000. Nixon's offer, according to Dempsey, would have paid closer to $700,000 to employees who suffer from occupational diseases. "The governor's number was too high, so there you are," Dempsey said. Since a compromise couldn't be reached, it's likely that the issue will have to wait until the next legislative session.

Workers' Compensation Plus Medical Malpractice Equals a Complicated Case

Tue, 08 May 2012 16:14:32 -0600

Normally, workers' compensation claims are very different from medical malpractice cases. But what happens when medical malpractice results from treatment for an injury covered by workers' compensation?

This predicament can be unbelievably frustrating. It's upsetting enough to be injured and unable to work: when you feel you have an unsympathetic doctor who isn't treating you effectively, a tough time becomes even tougher. Seeing an injury worsen when you're expecting it to improve can be disheartening and even alarming - particularly when medical bills are continuing to pile up.

So, can an injured employee sue a workers' comp doctor (who is typically selected by the employer) for medical malpractice? It's a complicated question. In fact, it is nearly impossible to give a conclusive answer without reviewing the exact circumstances and medical records connected to a specific case. As our workers' compensation lawyers know, there are multiple factors that must be considered.

It's worth noting that in some states, workers' comp doctors cannot be sued for medical malpractice because the doctors are considered "co-employers." In other words, the doctors are covered by the same laws as the employer, meaning the workers' compensation system is the only way to address the malpractice.

In Missouri, however, a workers' comp doctor is considered a third party who can be subject to a lawsuit. And it's common for injured employees to question the methods of workers' compensation treating physicians, particularly when the recovery process is painful, expensive and time-consuming.

While it's true that there have been occurrences of medical malpractice in workers' comp cases, it's important to remember that malpractice has a very specific legal definition. For example, if your injury does not heal (or if it worsens over time), that is not necessarily a sign of medical malpractice. To win a malpractice suit, a plaintiff must prove 4 separate elements:

1. A duty of care was owed by the physician; 2. the physician violated the applicable standard of care; 3. the person suffered a compensable injury; and 4. the injury was caused in fact and proximately caused by the substandard conduct.

Former St. Louis Rams Linebacker Files Lawsuit Connected to Missouri Workers' Compensation Claim

Tue, 01 May 2012 10:42:51 -0600

Jamie Duncan, former linebacker for the St. Louis Rams, has filed a lawsuit in City Court against his former attorney, Mark L. Floyd of the Floyd Law Firm. The lawsuit is connected to a Missouri workers' compensation claim filed on Duncan's behalf: 5 years ago, Duncan alleges, Floyd advised him to sign a $1,000 settlement that included a waiver for any future medical benefits. Duncan's complaint argues that doing so ultimately cost him $255,000, reports the Courthouse News Service.

In 2007, when Duncan's initial claim was made, the Rams had offices in both St. Louis and Los Angeles, and Duncan's settlement was filed in the Missouri Division of Workers' Compensation. In the years that followed, Duncan sought to collect benefits on new claims for cumulative orthopedic and closed head trauma. In that pursuit, he was represented by California attorney Ron Mix.

By March of 2011, the complaint says, "Mix had negotiated a tentative settlement wherein the St. Louis Rams would settle all pending workers' compensation claims of Jamie Duncan, plus a buy-out of future medical benefits for the sum of Three Hundred Thousand Dollars ($300,000)."

Then, in May 2011, the Rams contacted Mix to inform him that Duncan had waived all future medical claims by agreeing to the Missouri settlement in 2007. Thus, the Rams "declined to offer any compensation to the plaintiff," the complaint continues. Mix was eventually able to settle Duncan's California claims for $45,000: since the Rams organization initially offered $300,000, Duncan is suing to recover the difference.

Federal Judge Dismisses Lawsuit Concerning Missouri's Failing Second Injury Fund

Wed, 25 Apr 2012 14:49:34 -0600

On April 18, U.S. District Court Judge Nanette Laughrey granted a motion dismissing a lawsuit filed by 4 Missourians: injured workers who are owed awards from the state's failing Second Injury Fund (SIF). Originally, the SIF was created to provide benefits to employees with pre-existing conditions who are re-injured in the workplace. At present, it has 27,000 claims pending, while an additional 700 new claims are being filed every month. The problem? The fund is nearly bankrupt, and claimants are not being paid.

The SIF is subsidized by a surcharge imposed on employers' workers' compensation insurance premiums. Between 1943 and 1984, the SIF paid approximately $40 million in benefits to injured Missouri workers, according to the Columbia Missourian. However, in the 1980s, the Fund began to struggle with an increasing number of claims, and in 2005, a bill capped the surcharge at 3%. Since that time, workers' comp insurance premiums have dropped, but the cap only made a big problem even bigger, decreasing the already limited funds available. Audits performed in 2007 and 2010 offered stringent warnings, clearly indicating that the fund would go bankrupt within a few years if no action was taken.

Consequently, the Fund has presented a major problem for Missouri in recent years. In March 2011, Attorney General Chris Koster announced that the SIF would no longer pay out for new claims, effectively denying 200 injured workers approximately $15 million in funds - which brings us back to the aforementioned lawsuit. The action was filed on behalf of 4 of those injured workers who have not received their SIF awards: the plaintiffs argued that "the denial to pay violated the federal Americans with Disabilities Act, as well as their employment contracts with former employers, right to due process and other laws," reports the Kansas City Business Journal.

Judge Laughrey, however, disagreed. In her ruling [Pettet v. May, No. 2:11-CV-04049-NKL (USDC W.D.Mo)], she granted the defendants' motion to dismiss the case, and denied the remaining motions as moot. Importantly, she found that the plaintiffs were not denied benefits because they were disabled, but because of the SIF's financial crisis: therefore, there was no violation of the Americans with Disabilities Act.

High-Priced Prescription Drugs Contribute $2.1 Billion to Workers' Compensation Costs in Missouri & Nationwide

Wed, 18 Apr 2012 10:13:44 -0600

Between treatment, rehabilitation and medication costs, recovering from a workplace injury can become very expensive very quickly. In particular, the expense associated with certain prescription drugs cost the workers' compensation system billions of dollars in wasted pharmacy-related funds last year, according to the 2011 Express Scripts Workers' Compensation Drug Trend Report.

The report indicates that the use of expensive medication (instead of lower-costing, therapeutically equivalent drugs) accounted for approximately $2.1 billion in wasted funds. In addition, the workers' comp industry saw $107 million wasted due to the use of out-of-network pharmacies and third party billing; and $40 million wasted through the use of "higher-cost" delivery channels (like retail pharmacies) for long-term medication.

• 76.2% of total drug spending in 2011 was associated with the top six "therapy classes," which include narcotic analgesics, anticonvulsants, anti-inflammatory drugs, and dermatological medication.

• Narcotic analgesics have the highest annual cost per user ($508). This therapy class also accounts for approximately 38% of total drug spending and 34% of total utilization.

• 10% of total drug spending in 2011 was associated with the powerful painkiller Oxycontin. This drug also had the highest cost per user.

• The biggest spike in costs was associated with dermatological medication, which rose 7.4% in 2011.

According to Express Scripts' official press release,

"Behaviors such as habit or lack of awareness can lead some physicians to continue to choose branded medications over more clinically equivalent, lower-cost generic alternatives. Injured workers may also request the more expensive medication. These behaviors drive up the cost of the workers' compensation pharmacy benefit."

The report also indicates that about 125 million U.S. employees are currently eligible for workers' compensation coverage. Approximately 4.2 million of these employees suffer work-related injuries and illnesses every year.

Kansas City Based Bartlett Grain Facing Multiple Citations for Workplace Safety Violations

Fri, 13 Apr 2012 14:30:16 -0600

On Thursday, U.S. Secretary of Labor Hilda L. Solis announced that Bartlett Grain Company, based in Kansas City, Missouri, is now charged with several workplace violations, which led to unsafe working conditions in a grain elevator in Atchison, Kansas. Those conditions, said Solis, left 6 workers dead and 2 seriously injured. Bartlett Grain is facing 5 willful violations and 8 serious safety violations connected to an explosion in the Atchison grain elevator in October 2011: the company could be fined as much as $406,000.

The Occupational Safety and Health Administration (OSHA) charges companies with willful violations when those violations are committed with "intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health," according to the Administration's official news release regarding Bartlett Grain.

Bartlett's willful violations include the following charges:

• Allowing grain dust to build up over time (this dust is 9 times as explosive as coal dust).

• Using compressed air to remove grain dust (and failing to shut down potential ignition sources prior to that removal).

• Starting and stopping bucket elevators repeatedly, in an attempt to clear grain clogs.

• Using electrical equipment that was inappropriate for the elevator's workplace conditions.

• Failing to require employees who worked from heights to use fall protection.

Among the 8 serious safety violations are charges of improper preventative maintenance, certification, and lubrication connected to upkeep of grain handling equipment. The company is also charged with failing to provide appropriate training programs with respect to job hazards and emergency procedures, along with a "deficient" housekeeping program that did not prevent grain accumulations, according to WorkersCompensation.com. In addition, OSHA has cited Kansas Grain Inspection Services, based in Topeka, with 3 violations: one willful, one serious, and one other-than serious.

View the citations to Bartlett Grain Company and Kansas Grain Inspection Services.

Workers' Comp Legislature Passed By MO House, Then Vetoed by Gov. Nixon: Provisions of SB 572 Still Up for Debate

Thu, 05 Apr 2012 16:57:09 -0600

Workers' compensation law - in particular, Senate Bill 572 - has been the subject of much debate in the Missouri legislature throughout the last month. In early March, the bill passed in the Missouri House with a vote of 87-68, after passing more overwhelmingly in the Senate (26-8). The bill has been the subject of some controversy: under its terms, occupational diseases would be entirely covered by workers' compensation: since 2005, employees have been able to pursue such claims through civil courts. Occupational diseases are chronic ailments that are caused by workplace conditions, including conditions like mesothelioma and carpal tunnel syndrome.

In addition, SB 572 would have created a cap of $300,000 on the amount of punitive damages that an employee could collect for illegal discrimination. It would've also prevented employers from terminating employees who report illegal workplace activities to law enforcement authorities ("whistle blowers"), and ban lawsuits against coworkers for workplace injuries.

Then, in mid-March, Governor Nixon vetoed the bill, citing "fundamental flaws" in its language. "[The bill] is nearly identical to the bill I vetoed last year because it would undermine the Missouri Human Rights Act and decades of progress on civil rights," Nixon said. The Insurance Journal reports that "in a veto message to the Legislature, Nixon raised several specific objections [to SB 572], including to the restrictions on punitive damages against governmental bodies and to a portion that he said would have blocked from liability the individual at a business who commits the discriminatory act."

In response, on March 29, the Senate voted to override Gov. Nixon's veto. According to the Associated Press, Senate Majority Leader Tom Dempsey (who also sponsored the measure) said "the override vote was necessary because Nixon had not offered lawmakers any suggestions for how to make the measure better."

The president of the Missouri Association of Trial Attorneys, Phil Hess, expressed frustration with the Senate's override, because SB 572 would also place limits on the amount victims can recover by sending those who suffer from occupational diseases back to the workers' compensation system. "Current law allows these victims to access real justice in civil court. Forcing these families into workers' comp is not justice," Hess said in an email to the AP.

Employer Retaliation in Springfield, Missouri Workers' Compensation Cases

Mon, 26 Mar 2012 15:35:44 -0600

It has come to our attention that sometimes injured workers in Springfield, Missouri don't apply for the benefits they are entitled to under Missouri's Workers' Compensation Act because they are afraid their employer will retaliate against them. Unfortunately, this fear is not unfounded. It is not easy for an employer to get away with retaliatory discharge - meaning firing the worker after he or she reports a work-related injury, which does happen occasionally. However, there are many other types of retaliation that are much more common and not nearly as easy to prove.

Retaliation against a worker for filing a workers' compensation claim is illegal in Springfield and anywhere else in Missouri, but it still happens. The Missouri Workers' Compensation Law, section 287.780, clearly states: "No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter." It goes on to explain that any worker who has been either fired or retaliated against in any way has grounds for a lawsuit against his employer.

Obviously, this does not guarantee that a worker will keep his or her job. If, after finishing all available medical treatment for your injuries, you are still unable to perform your job, your employer is not required to keep you on staff (or even try to find you another position). And it's possible that you could be terminated for other reasons, having nothing to do with your workers' comp claim.

Employer or manager retaliation may show up in any of the following types of discrimination or harassment:

• Unwarranted poor performance review
• Scheduling issues
• Isolation or intimidation
• Demotion, reassignment, reclassification or transfer
• Threatened adverse wage action
• Interference with or dispute of a legitimate workers' compensation claim
• Unreasonable increase or decrease in job duties
• Unjustified disciplinary action

Texting While Driving: Now Causing Missouri Work Accidents

Mon, 19 Mar 2012 12:41:10 -0600

Distracted drivers are literally everywhere - and they're becoming a major cause of work-related injuries. In 2011, OSHA held a Symposium on Prevention of Occupationally-Related Distracted Driving, where attendees discussed the consequences of using cell phones and testing while behind the wheel of a motor vehicle. OSHA Assistant Secretary David Michaels discussed just how often traffic accidents occur as a result of this careless activity.

There were a number of stakeholders that all had one goal in mind: reducing the number of work-related driving distractions. They spoke with one another in an attempt to create a plan of action, including new directions for research. Our Missouri workers' compensation attorneys understand the importance of these meetings. As technology and workplace environments continue to advance, so shall the rules and regulations to keep these places safe and injury free.

There were a number of organizations that contributed to the symposium, including the National Institute for Occupational Safety and Health, the Johns Hopkins Education and Research Center for Occupational Safety and Health, the Department of Transportation and the Johns Hopkins Center for Injury Research and Policy. These organizations participated in a number of presentations, networking opportunities, training material demonstrations and discussions.

The number of workplace fatalities caused by distracted driving continues to climb. Car accidents are the number 1 cause of on-the-job fatalities.

As a large number of workers are required to drive while on the job, each of them face an increased risk of death at work. Many local employees are urged to visit various work sites, meet with clients and customers, and deliver goods. The Departments of Labor (DOL) and the U.S. Department of Transportation (DOT) have teamed up in a countrywide campaign designed to halt distracted driving habits and save lives.

Workers' Compensation in Missouri: The Necessary Facts

Mon, 12 Mar 2012 16:16:53 -0600

As Missouri workers' compensation lawyers, we know that if you or a loved one has been injured on the job, you likely have a lot of questions - not to mention worries. Will I be able to work again? How will I pay my bills? Below, we've bullet pointed basic facts about workers' compensation in Missouri. If you have additional questions or concerns, it's probably a good idea to consult with a qualified Missouri workman's compensation attorney.

Missouri workers' compensation:

• It is a no-fault insurance plan for workers injured within the scope of employment.

• It pays medical benefits and wage loss compensation. Medical benefits can include coverage for doctor visits, prescriptions, laboratory work, medical supplies, physical therapy, and hospitalization.

• Its goal is to help the employee heal and return to his or her job.

• Its laws are outlined in chapter 287 of the Revised Statutes of Missouri.

• It is administered by the Missouri Division of Workers' Compensation.

• It does not cover your injuries if you were not within the scope of employment when you were injured (i.e. commuting to work or running a personal errand.)

• It most likely won't cover you if you were drunk, on drugs, breaking the law, breaking a company police rule, trying to hurt someone else or yourself, or participating in a purely (non-required) social event.

• It covers job related injuries such as burns, amputations, hernias, bone fractures, torn meniscus, stroke, general anxiety disorder, chronic obstructive pulmonary disease, post-traumatic stress disorder, bulging disc, concussion, torn rotator cuff, blindness, neck injury, back injury, fibromyalgia, and carpal tunnel syndrome.

• It authorizes your employer to choose your treating physician.

• It offers disability benefits to injured workers, including temporary total disability benefits, permanent partial disability benefits, and permanent total disability benefits.

• Under certain circumstances, it can cover vocational rehabilitation benefits and death benefits.

Missouri Work Accidents Often Impact Lungs, Hearing

Mon, 05 Mar 2012 06:35:07 -0600

In 2011, the Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health (NIOSH) have developed two guidance documents (one for employers and one for employees) that describe the use of spirometry testing. OSHA recommends that workplaces utilize these tests to help reduce and prevent exposure to respiratory hazards, which can cause serious work injuries in Missouri and throughout the country.

Spirometry is a common pulmonary function test that is used to measure the efficiency of air flow in a person's lungs. The inhalation of contaminants (such as dusts and gases) can - over time - cause some serious lung damage or even lung cancer. These documents present a number of ways that employers can identify and eliminate these types of work hazards. Elimination of these contaminants can help to prevent lung disease in workers.

If you work in a contaminant-high environment, our Missouri workers' compensation attorneys urge you to take this test as soon as possible: spirometry can detect changes in breathing, alerting you to lung dysfunction at an early stage. Employers are required by law to ensure the safety of their employees to the best of their ability. If an employer fails to protect a worker from a known hazard, they are responsible.

"Spirometry is the best available test for early detection of decreasing or abnormal lung function," said Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. "Our joint effort with NIOSH in developing these products will help broaden outreach and enhance knowledge of preventive measures aimed at protecting worker health and safety."

Monitoring workers' lung function can help identify problems sooner rather than later, so that changes can be made in the workplace when needed. The test can help to make your job safer by identifying when workplace hazards may be causing respiratory problems.

"We are pleased to join with OSHA in emphasizing the important role of spirometry in preventing costly, debilitating, and potentially fatal occupational lung diseases," said NIOSH Director John Howard, M.D. "These tests are a vital component of health and safety programs in workplaces where workers may be exposed to hazardous airborne contaminants."

OSHA recommends that employers test for diacetyl and diacetyl substitutes through this spirometry test as well.

OSHA is making some other changes. In 2011, they decided to withdraw a proposed interpretation titled "Interpretation of OSHA's Provisions for Feasible Administrative or Engineering Controls of Occupational Noise." This was the interpretation that would have clarified the phrase "feasible administrative or engineering controls." The proposed interpretation they're withdrawing was initially published in the Federal Register back in October of 2010.

Best Practices for Injured Missouri Workers: Part 4 of 4

Fri, 24 Feb 2012 10:27:39 -0600

In the last installment of our 4 part series, "Best Practices for Injured Workers," our Missouri workers' compensation attorneys discuss the different ways that workers' comp claims can be resolved.

Claims for compensation are filed when an injured worker does not ultimately receive all benefits that he or she is entitled to. The workers' comp system gives injured employees the legal right to seek compensation for workplace injuries, but they are not permitted to sue their employers for negligence in civil court: injured workers must seek compensation through the workers' comp system. Workers' comp provides benefits for permanent disability, medical expenses and lost wages, but not for pain and suffering.

Every claim is different. Every case is impacted by numerous factors in varying degrees, including the nature and extent of the injury; the circumstances that caused the injury; and the conditions and environment in which the injury occurred. All of these elements can affect the path a claim takes toward resolution, and the resolution itself. Remember that you're legally entitled to consult a workers' compensation attorney at any point in the process. Missouri workers' compensation law can be complicated: an experienced lawyer can help you navigate your claim through the Missouri workers' comp system, and make sure you understand all the options available.

What happens after a claim is filed?
Again, it depends on the claim. Speaking in general, here are a few possible avenues:

A claimant can ask for a pre-hearing for the following reasons:
• to request approval for a settlement agreement;
• to address any issues that must be resolved so the claim can move forward; or
• to expedite the resolution of the claim, when parties have a "good faith belief" that a pre-hearing will help move the claim towards settlement or final hearing more quickly.

Best Practices for Injured Missouri Workers: Part 3 of 4

Fri, 17 Feb 2012 15:29:00 -0600

In Part 3 of our 4 part series, "Best Practices for Injured Workers," our Missouri workers' compensation attorneys provide information about the different kinds of benefits available to workers' compensation claimants.

If you are unable to return to your job as the result of workplace injuries, you are most likely entitled to disability benefits. There are several factors that affect what kind of benefits you are eligible for:

Temporary Total Disability

• If you have to take time away from work to recover from your injuries and/or any medical procedures associated with those injuries; or your doctor says you cannot return to work because of your injuries, you may be eligible for Temporary Total Disability benefits to compensate you for your lost wages.

• If your employer has offered you "light or modified [duties]," and your doctor says that you are capable of performing those tasks, you may not be able to collect Temporary Total Disability benefits.

• However, if you accept "light or modified" duties, but at less than full pay, the law allows you to collect Temporary Partial Disability benefits.

• Temporary Total Disability benefits should continue until your doctor releases you to return to work, either because your "treatment is concluded" or because you have "maximum medical improvement," whichever comes first.

Permanent Partial Disability and Permanent Total Disability

• Permanent Partial Disability benefits are designed to assist injured workers whose injury impacts the tasks they can perform, but who can still work (even if the job isn't exactly the same one that they had before the injury).

• Permanent Total Disability benefits are awarded to employees who are no longer able to work, in any capacity, at any job. Depending on the circumstances - in particular, the nature and extent of the injury - these benefits may be paid out in lifetime weekly installments, or as a lump sum payment.

Best Practices for Injured Missouri Workers: Part 2 of 4

Fri, 10 Feb 2012 14:07:31 -0600

In Part 2 of our 4 part series, "Best Practices for Injured Workers," our Missouri workers' compensation attorneys offer some guidelines related to medical care.

Receiving appropriate medical treatment is crucial. Many workplace injuries cause are extremely debilitating, causing physical limitations and serious pain, and they require extensive and continuous treatment. If you are eligible for workers' comp, and you have reported the injury to your employer (see Part 1 of our series), then your benefits should cover your medical expenses. According to the Missouri Department of Labor, "The employer or insurer is required to provide the medical treatment and care to cure and relieve the employee from the effects of the injury. This includes all costs for authorized medical treatment, prescriptions, and medical devices."

Can I choose my own doctors?
No - not unless you plan to pay your own expenses out of pocket. Workers' comp law affords the employer (or the insurer, on the employer's behalf) the legal right to select any and all health care providers. Be sure that you check with your employer and/or the insurer regarding physicians who treat your injury. If you're not satisfied with the medical care that you're receiving, it might be in your best interests to consult the attorney.

What if I have to travel to receive treatment?
If you are required to see a doctor whose office is located outside the local/metropolitan area of your principal place of employment, your employer is required to pay the "necessary and reasonable expenses" associated with that travel. However, employers will not cover the cost of travel "over 250 miles each way from the place of treatment." If you are not a Missouri resident, your employer can choose a treatment facility within 100 miles of your residence, the location of your injury, or your place of hire.

Do I have to agree to medical examinations and evaluations at my employer's request?
The law does permit your employer (or insurer) to request that you "submit to reasonable medical examinations" while you are on disability. Your employer can request multiple exams if you require long-term treatment, or if you have more than one injury. Similarly, you can be compelled to "submit to appropriate vocational testing and a vocational assessment scheduled by an employer or its insurer." Typically, these assessments are only administered when an injured worker is claiming to be permanently and totally disabled.

Best Practices for Injured Missouri Workers: Part 1 of 4

Fri, 03 Feb 2012 14:50:30 -0600

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.