What If My Employer Failed To Obtain Insurance?

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What If My Employer Failed To Obtain Insurance?

If your employer was required to obtain workers` compensation insurance and failed to either obtain insurance or become authorized to selfinsure its liability under the law, and if you have sustained an injury arising out of and in the course of your employment with that employer, you have the right to either sue your employer in civil court for damages (if you can prove your employer was negligent in causing your injury) or file a workers` compensation claim against your employer with the Missouri Division of Workers` Compensation. Also, when employers fail to obtain insurance coverage or become authorized to selfinsure when required, state law allows the Missouri Second Injury Fund to pay for an employee`s medical bills if the insured employer fails to do so.

Other Missouri Workers' Compensation FAQs

Q: What Is Workers' Compensation?
A: All states have workers` compensation laws. The Missouri Workers` Compensation Law is contained in Chapter 287 of the Revised Statutes of Missouri. The workers` … More
Q: Who Is Covered By Workers' Compensation?
A: Any employer with five or more employees, and all employers in the construction industry, are required to provide protection for their employees under the Missouri … More
Q: I Was Injured At Work. What Should I Do?
A: If you have been injured at work, the first thing you should do is report your injury to your supervisor. Missouri law requires employees to provide prompt notice of … More
Q: How Do I Get Medical Treatment For My Injury?
A: Under Missouri law, the employer (and not the insurance company) has the right to select the treating doctor in workers` compensation cases. If you need to see a … More
Q: Will I Be Paid When I Am Off Work?
A: If the treating doctor certifies that you are unable to work, you should be entitled to temporary total disability benefits under the Missouri Workers` Compensation … More
Q: Will I Be Paid Mileage For My Trips To The Doctor?
A: Under Missouri law, you are entitled to be paid mileage for driving for medical treatment, but only if you are required to be treated outside of the local or … More
Q: Will I Get A Settlement?
A: If you are able to return to work after your injury, you may be entitled to a settlement or payment for your permanent partial disability if you have permanent … More
Q: Are Occupational Diseases Covered?
A: Under Missouri law, occupational diseases (as well as accidents) are covered. Therefore, if you develop a disease or illness which is directly caused by your … More
Q: Will I Be Paid Anything For Scarring Or Disfigurement?
A: In Missouri you can be paid for scarring or other disfigurement, but only if the disfigurement is to your head, neck, arms or hands. The disfigurement payment is … More
Q: What If I Am Unable To Return To Work Because Of My Injury?
A: If you are permanently and totally disabled from all types of employment, you may qualify for permanent total disability benefits under the Missouri Workers` … More