FAQs About Workers' Compensation

Often referred to as "Workman’s Comp," Workers’ Compensation is a method that allows employers to pay, or provide insurance which pays, the lost wages and medical expenses of an employee who becomes injured while on the job. Workers’ compensation is a complicated system and questions arise frequently. We would like to address a few questions employees and/or employers may have here. For further inquiries reach out to the Law Offices of Phillips,McElyea, Carpenter & Welch, PC. As a general practice law firm at the Lake of the Ozarks, we help clients through a wide range of issues and would be happy to consult on the subject of workers’ compensation.

1. How do injured workers report an injury if they are hurt on the job?

Report your injury immediately to your employer and notify them in writing. Include the date, time and place of the injury, nature of the injury, and your name and address. MO.gov provides an online form if your employer does not provide you with one. You can find it here: http://labor.mo.gov/sites/default/files/pubs_forms/WC-280-AI.pdf

2. Who is required to carry workers' compensation insurance?

Workers' compensation coverage is required for all employers that have five or more employees. However, if your business is in the construction industry, coverage must be provided if there are one or more employees.

3. As an employer, how do I obtain the necessary coverage?

You can purchase workers’ compensation insurance from any private insurance provider.

4. What does workers’ compensation not apply to?
Workers' compensation insurance does not apply to the following conditions: 

• Employment of farm labor
• Domestic servants in a private home
• Qualified real estate agents and direct sellers (see MO.gov for more info)
• Volunteers of a tax-exempt organization who are not paid wages
• Certain inmates, patients or residents of the state, county or municipality
• Persons providing services as adjudicators, sports officials, or contest workers for interscholastic activities programs or similar amateur youth programs

5. What benefits do injured workers receive from a workers' compensation policy?

Besides medical treatment, employees may receive temporary total disability payments of up to two-thirds of his or her average weekly wage after missing three days of work.

6. If I file a claim for workers’ compensation can I choose my own doctor?

The Worker’s Compensation Law gives the employer the right to select the health care providers for the injured worker. The employer usually gives this authority to the insurance company.

7. What costs are incurred for the employer/employee when medical treatment is needed?

The employer or insurer is required to provide the medical treatment and care to cure and relieve the employee. There is no deductible and all costs are paid by the employer or its workers’ compensation insurance.

Workers’ compensation is an asset to employees and typically a requirement for employers. The information surrounding the topic is vast, and to help, The Law Offices of Phillips, McElyea, Carpenter & Welch, PC at theLake of the Ozarks is here to answer questions and assure your business is covered under the law. If you are an employee who has been injured on the job, please contact our effective and trusted attorneys at the Lake of the Ozarks to make certain your rights are protected. 

Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.

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