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You are not covered by workers' compensation -- what now?

Most workers in Missouri are covered by workers' compensation insurance paid for by their employers. This provides some level of peace of mind to workers who are exposed to hazardous situations at work. Labor laws in Missouri require companies with more than four employees to be covered by workers' compensation insurance. Construction companies, however, must have such coverage even if they have only one employee.

If you suffered a workplace injury and found that your employer is not covered by workers' compensation, you may also find yourself facing financial difficulties resulting from high medical expenses and loss of income. You may find comfort in knowing that there are legal remedies to your dilemma. However, when an employer is in violation of worker's compensation laws, it is a complicated legal matter, so you may want to consider retaining the services of an experienced workers' compensation attorney.

Missouri workers may claim compensation from the Second Injury Fund if their employers fail to provide insurance coverage. The Second Injury Fund commonly provides compensation for expenses related to medical care, but it will not cover permanent or temporary disability expenses. An uninsured injured worker retains the right to file a personal injury claim in court against his or her employer.

Your legal representative will assess your claim for viability and explain your legal rights. He or she will suggest a way to proceed, which may include filing a personal injury claim in a Missouri civil court. Successful presentation of such a claim may lead to additional compensation for damages other than medical expenses. Lost income, pain and suffering, and future expenses related to the injury may be covered. A visit to our workers' compensation website may provide more information.

Source: labor.mo.gov, "When an Employer Doesn't Have Workers' Compensation Insurance", Nov. 16, 2014

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Kelly Law Office, P.C. • 134 N. Water St. • Liberty, MO 64068
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