When an Employer Violates Workers’ Comp Laws
Posted in Workplace Accidents on May 9, 2022
In Missouri, workers’ compensation coverage protects employees from financial hardship following an injury or illness at work. You can secure benefits to pay for medical care and lost wages, as long as you can prove that the injury happened on the job.
However, some employers violate workers’ compensation laws and refuse to provide coverage to employees. In these situations, you may be able to pursue a lawsuit against your employer so that you can recover the compensation that you are entitled to.
Who Is Required to Carry Workers’ Compensation in Missouri?
Most businesses in Missouri are required to carry workers’ compensation insurance. This requirement applies to companies with at least five employees, or construction employers with at least one employee.
Certain employers are exempt from Missouri’s workers’ compensation law. Sole proprietors, corporations with no more than two owners as their sole employees, and partners in partnerships do not need to be covered by workplace injury insurance.
How Do Employers Violate Workers’ Comp Laws?
In Missouri, your employer is required to inform you of your workers’ compensation rights and provide you with the correct forms for filing your claim. Unfortunately, some companies ignore these responsibilities.
There are many ways that an employer may violate workers’ comp laws.
- Your employer has not informed you of your workers’ compensation rights.
- Your employer claims that he or she is not required to carry this insurance, despite state law.
- After a workplace injury, your employer fails to provide you with the right claim forms.
- Your employer retaliates against you for filing a workers’ compensation claim, such as demoting you or cutting your pay.
- Your employer bullies or intimidates you into not filing a claim.
- Your employer had coverage but stopped paying the monthly premium
- Your employer does not carry the mandatory minimum coverage that he or she is required to have.
- Your employer fails to report your injury to the insurance provider.
Your Legal Options after a Workplace Injury
As a Missouri employee, you are likely covered by workers’ compensation insurance. You have the right to file a claim and secure the benefits that you need to pay for your injury, as long as it is related to work.
If your employer has violated workers’ comp laws, you may wonder what to do next. In cases where your employer is required to carry insurance and fails to hold coverage, he or she will be liable for any work-related injuries. You could file a lawsuit against your employer directly to recover compensation.
In cases where your employer does carry insurance but takes steps to retaliate against you or prevent you from filing a claim, or simply forgets to carry out his or her duties, you have additional options for justice. You could report your employer to the state and hold him or her accountable for these negligent actions.
In these situations, it is important to have an attorney on your side. A lawyer can protect your rights and help identify whether your employer has violated Missouri law. Then, he or she can help you hold your employer liable and secure the benefits that you deserve.
As soon as possible following your workplace injury, contact a Kansas City personal injury attorney to discuss your next steps.