Workers compensation law, rules and policy information for Missouri
for its Work Comp
Rules and Information
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Related Pages: More Pages About Missouri Rules
Updated: Rating Payroll 02-14-2021
Authority/State Rating Bureau: NCCI
National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
Private 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.
Assigned Risk Contact Information: Missouri Workers Compensation Assigned Risk Service Center
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.
Employers that don’t have the required number of employees or who have employees in the exempt categories may nevertheless “elect” to come under the law. Exempt employers that decide not to purchase workers compensation insurance or to self-insure remain exposed to civil lawsuits brought by employees who are injured during work.
Individual Waivers Allowed: No
Small Deductible Program Details:
Allowed: Yes – However it is optional that insurance carriers make available
Deductible Range: $100 – $25,000
Type: Medical and Indemnity
Effect on Experience Rating: Gross and Net
Available In: Voluntary Markets
Special Note:Missouri is a bit special in that statute allows an employer to pay up to $1,000 in medical only expenses without having a deductible plan in place. The idea around this is to allow the employer to directly pay for those “first aid” only type of claims with no loss time. Claims should however be reported to your insurance carrier as a “report only.” Be sure to check with your insurance company about how to properly report medical only claims
For More Information About How Deductible Programs Work
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. $36,900 as of 1-1-13, $38,000 as of 7-1-14.
$38,400 as of 1-1-15. $39,500 as of 1-1-16. $40,600 as of 1-1-17. $41,100 as of 1-1-2018. $42,300 as of 1-1-2019. $43,800 as of 1-1-2020. $45,100 as of 1-1-2021.
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. $36,900 as of 1-1-13, $38,000 as of 7-1-14. $38,400 as of 1-1-15. $39,500 as of 1-1-16. $40,600 as of 1-1-17. $41,100 as of 1-1-2018. $42,300 as of 1-1-2019. $43,800 as of 1-1-2020. $45,100 as of 1-1-2021.
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. Senate Bill 66 passed in 2017 allows a shareholder of an S corporation with at least 40 percent or more interest in the S corporation to individually elect to reject coverage under the workers’ compensation laws by providing a written notice of the rejection to the S corporation and its insurer. 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. $36,900 as of 1-1-13, $38,000 as of 7-1-14. $38,400 as of 1-1-15. $39,500 as of 1-1-16. $40,600 as of 1-1-17. $41,100 as of 1-1-2018. $42,300 as of 1-1-2019. $43,800 as of 1-1-2020. $45,100 as of 1-1-2021.
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. $36,900 as of 1-1-13, $38,000 as of 7-1-14. $38,400 as of 1-1-15. $39,500 as of 1-1-16. $40,600 as of 1-1-17. $41,100 as of 1-1-2018. $42,300 as of 1-1-2019. $43,800 as of 1-1-2020. $45,100 as of 1-1-2021.
Election or Rejection of Coverage Form:Missouri LLC Member Rejection of Coverage Form
Notes About Forms: Be sure to check with your insurance company for additional forms they may use.
Contractors:Payments made to Uninsured Subcontractors will be picked up at audit and included as rating remuneration on the hiring contractors workers compensation policy. If you use any subcontractors you must verify they carry workers compensation policy and obtain a valid certificate of insurance as proof. This applies regardless if the subcontractor tells you he does not have to have workers compensation. Without a policy the uninsured subcontractor becomes a statutory employee of yours meaning your workers compensation insurance company may have to pay a claim if the uninsured sub is injured. If your workers compensation insurance company would have to pay a claim then they are due the premium for the exposure created by the uninsured subcontractor. Even if the subcontractor is not required under State Statute to have a policy (sole proprietor, partner) you will still be charged if you hire them and pay them without having proof they have a workers compensation policy. Be sure to check with the Missouri Department of Insurance if you have any questions about using uninsured subcontractors.
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.
Experience Rating Eligibility: Missouri employers will receive an experience modification rate or EMR once they meet one of these triggers:
- $7,000 in policy premium is generated during the last year or last two years.
- $3,500 is the average policy premium generated for more than two years.
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!
- Provisions: Yes
- Duration: 90 days/li>
- Allowed: No
- Specific Statute or Reference: Missouri 287.110, Scope of chapter as to injuries and diseases covered
- Specific Statute or Reference: 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
Phone 573-751-4231 or Fax 573-751-2012
Missouri Department of Insurance
301 West High Street, Room 530 – PO Box 690
Jefferson City, MO 65102-0690
Workers compensation statute can be found here:
Workers Compensation Statute of Missouri
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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.
WORKERS COMPENSATION CONSULTANT
Voice: (573) 489-8323
Fax: (573) 447-4998