In Missouri, all businesses with five or more employees must carry workers’ compensation. Employers in the construction industry must carry workers’ comp insurance if the company has more than one employee, excluding the owner. Many construction companies skirt this requirement by hiring “contract labor.” Contractors are not entitled to coverage from workers’ comp.
In addition to contractors and day laborers, employees that may not be covered under workers’ compensation in Missouri include:
- Farm laborers
- Domestic help
- Real estate agents
Federal employees, including railroad, postal, and maritime workers, are not covered by workers’ compensation. Instead, these employees are covered under the Federal Employees Compensation Act.
Workers’ Compensation vs. Personal Injury
Workers’ comp provides coverage for medical expenses, travel to and from doctor’s appointments, and associated costs. It also provides 3/4th of a worker’s weekly wage until the injured employee is determined fit to return to work.
Workers’ compensation is “no-fault” insurance, which means an employee can receive benefits even if they played a role in their accident.
Personal injury lawsuits seek compensation for medical expenses and wages lost during recovery. These may also seek wages lost due to future limitations along with compensation for non-economic damages such as pain and suffering.
Unlike workers’ compensation, it must be established that an injury was caused by someone else’s negligence for a personal injury lawsuit to be viable.
Which Option is Best?
Several factors determine which course of action is best after an on-the-job injury. One of the surest ways to learn which may be most beneficial for you is through a consultation with an attorney who handles both types of claims.
The lawyers at Brown & Brown have a keen understanding of Missouri workers’ comp and personal injury law and can help you choose the best path forward.
If you have suffered an on-the-job injury, we are here to help. Please call 314-333-3333or 618-888-8888 to schedule a free case review today. Brown & Brown maintains offices in St. Louis, Missouri, and Illinois, Illinois. We serve victims of serious injury living in all nearby areas.