Missouri Workers Compensation

Work-related injuries and illnesses can impact any business. Workers compensation insurance in Missouri helps protect employers and support employees who are injured or become ill as a result of their job. Learn about coverage requirements, work-related injury reporting and key considerations for complying with MO workers comp laws.

Understanding workers compensation in Missouri

With eight states on its borders and several major rivers running through it, Missouri is the Gateway to the West. Missouri employers and employees may have strong opinions on barbeque, politics and their favorite sports team, but unless a work-related injury has recently occurred, workers comp may not be top of mind.

Travelers offers coverage that meets Missouri’s workers comp requirements and further support when needed – supporting businesses with claim expertise and flexible insurance solutions tailored to Missourians needs.

Who is required to carry workers compensation insurance in Missouri?

Non-construction employers with five or more employees are required by law to obtain workers compensation coverage.

Construction employers that erect, alter, demolish or repair structures, with one or more employees, are required by law to obtain workers compensation coverage.

Officers of a corporation in the construction industry with no more than two owners who are also the only employees of the corporation, partners of (construction) partnerships with no employees, and construction sole proprietorships with no employees may elect to be completely exempt from coverage by filing an affidavit of exemption with the Missouri Division of Workers Compensation.

Missouri requirements to consider

Employers who fail to purchase workers compensation insurance can face civil and criminal penalties, fines, and civil or tort liability.

Who can receive workers compensation benefits in Missouri?

Injured employees are generally eligible to receive workers compensation benefits. Some individuals are automatically included in or excluded from workers compensation in Missouri.

Corporations: Officers are included in coverage and may not elect to be excluded from coverage. A corporation may elect to withdraw from workers compensation coverage if there are no more than two owners/officers of the corporation who are also the only employees of the corporation.
Partnerships: Partners are excluded from coverage and may elect to be included in coverage.
Sole Proprietorships: Sole proprietors are excluded from coverage and may elect to be included in coverage.
Limited Liability Companies (LLCs): Members are included in coverage and may elect to be excluded from coverage.

Overview of workers compensation requirements in Missouri

Understanding Missouri workers compensation is essential for employers. Being aware of state requirements helps employers comply with the law and support employees. This is an overview of the fundamentals of employer responsibilities and the benefits employees may receive under MO workers compensation law.

Missouri workers compensation employer responsibilities overview

Compensable injuries

Generally, injuries arising out of and in the course of employment, regardless of whose fault it is, have potential for workers compensation benefits. This includes occupational diseases and repetitive trauma injuries.

Missouri covers occupational diseases and repetitive trauma injuries under workers compensation, provided the injured employee demonstrates the condition arose out of and during the course of their employment.

Employers are responsible for providing authorized medical care and applicable benefits for these types of injuries, just as they would for a specific accident-related injury.

Posting notices

Employers must post the official Missouri “Workers' Compensation Poster” (WC-106 Letter) in both English and in Spanish in a conspicuous location at the worksite, along with the name, address, and phone number of their workers compensation carrier or claims administrator.

The WC-106 notice informs employees of their rights and responsibilities under Missouri law.

Providing medical treatment

Employers may select the healthcare provider for treating work-related injuries and conditions. While there are no specific network requirements, the chosen provider must be appropriate for the injury.

Employers are also responsible for covering all medical treatment costs necessary to cure and relieve the work injury, including prescriptions and diagnostics.
Mileage and transportation expenses are reimbursable up to a limit and rate set by statute.

Providing lost wages (indemnity)

Employers can be responsible for lost wages, including decrease in pay due to modified job responsibilities. The employee benefits section gives a more in-depth explanation of the types of wage benefits employers may be responsible for.

Prompt reporting and forms

Employers should encourage employees to promptly notify them of any accident or injury. Once aware of a work-related injury, the employer should make sure the injured employee understands they can seek medical treatment if needed. The employer should notify their insurer right away of any work accident or injury so that their insurer can timely report to the Division of Workers’ Compensation.

Employers or their insurer may need to report claim information throughout the claim process, such as:

Employers are required to report all injuries to their workers compensation insurance carrier or third-party administrator within 5 days of the injury or injured employee report, whichever is later.

Prompt reporting is essential to avoid penalties and provide timely benefits for injured employees.

Record keeping

Employers should maintain thorough documentation, including details about what happened, when, where, and witnesses involved. Accurate record keeping and prompt reporting to their workers compensation insurer can play a key role in a timely and complete investigation and handling of the claim.

The employer should continue to maintain and provide necessary information to their insurer throughout the claim process as it is vital for efficient claim handling and compliance with the workers compensation law.

Penalties

Employers that knowingly fail to procure workers compensation insurance may be found guilty of a class A misdemeanor and may be liable to the state for a penalty of up to three times the annual premium or up to $50K, whichever amount is greater. Subsequent violation is considered a Class E felony.

Missouri workers compensation employee benefits overview

Calculating Average Weekly Wage (AWW) in MO

An employee’s Average Weekly Wage (AWW) is calculated based on Missouri state requirements and is used to determine workers compensation wage benefits.

The Average Weekly Wage (AWW) is based on the employee’s gross earnings, including overtime, from the 13 weeks preceding the date of injury subject to the state-set maximum weekly rate.
Employers must provide accurate wage records to determine the AWW.

Temporary Total Disability (TTD) benefits

Temporary Total Disability (TTD) benefits are payable to injured employees who cannot work due to a work-related injury or illness.

TTD benefits continue until an employee returns to work or reaches maximum medical improvement (MMI) up to a maximum of 400 weeks.
These benefits begin after a 3-day waiting period. If the disability lasts more than 14 days, the 3-day waiting period is paid.
TTD benefits equal sixty-six and two-thirds of the Average Weekly Wage (AWW), up to a state-set maximum weekly limits.

Temporary Partial Disability (TPD) benefits

Injured employees who return to work at reduced hours or wages due to a work-related injury or illness may be eligible for TPD benefits.

These benefits are calculated at sixty-six and two-thirds of the difference between their Average Weekly Wage (AWW) prior to the injury and the wages earned during the period of partial disability.
Maximum rates apply.

Permanent Partial Disability (PPD) benefits

If an employee has a permanent impairment from a work-related accident or occupational disease but can still work, they may be eligible for Permanent Partial Disability (PPD) benefits.

PPD benefits are typically paid as a lump sum.
Benefits are calculated by taking sixty-six and two-thirds of the injured employee’s Average Weekly Wage (AWW), multiplying it by the number of weeks assigned to the injured body part in Missouri’s Disability Schedule, and adjusting by the disability percentage determined through a medical evaluation.
The benefits are subject to state-set minimum and maximum rates.

Permanent Total Disability (PTD) benefits

Permanent Total Disability (PTD) benefits provide lifetime weekly payments to injured employees who are permanently unable to work because of a work-related accident or occupational disease.

These benefits equal to sixty-six and two-thirds of the injured employee’s Average Weekly Wage (AWW), up to a state-set maximum.
A medical evaluation is required to confirm PTD status.
Missouri’s Second Injury Fund may cover benefits when PTD results from a combination of a prior qualified disability and the current work injury.

Fatality benefits

If an employee dies from a work-related accident or occupational disease, their surviving dependents may be entitled to death benefits.

Dependents typically include the surviving spouse and children.
The spouse is eligible for weekly benefits for life or until remarriage.
Children are entitled to benefits until age 18, or up to age 22 if they are full-time students, and indefinitely if they are physically or mentally disabled.
Benefits equal sixty-six and two-thirds of the deceased employee’s Average Weekly Wage (AWW), up to a state-set maximum.
Funeral expenses are also covered up to the state-set limit.

Vocational rehabilitation

Employers are required to determine whether the employee sustained an injury that results in a loss of suitable, gainful employment but not required to provide vocational rehabilitation services. If authorized by the employer, the employee may receive vocational rehabilitation services which are reasonably necessary to restore the employee to suitable and gainful employment.

Medical benefits

Employers are responsible for covering all medical expenses necessary to cure and relieve the effects of the work injury, including doctor visits, hospital stays, surgeries, prescriptions, diagnostics, and necessary medical equipment.

Employers can choose the authorized treating provider.
Injured employees may also be reimbursed for mileage when traveling to and from approved medical appointments, based on the reimbursement rate and maximum distance set by the state.
Employees are not responsible for any copayments or deductibles.

Legislative updates

Regulations, laws and potential changes that can shift your course

As the nation’s largest writer of workers compensation insurance, Travelers is committed to understanding new and evolving legislation, regulations and trends at the state level. Our employees serve on regional and national associations, boards and committees to advocate on behalf of our customers and the industry. We educate stakeholders on the impact legislation can have on businesses. By taking an active role in the legislative process, we participate in the important dialog around worker safety and advocate for best practices industry-wide so all can benefit from our workers compensation expertise.

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Worker comp FAQs

Easy reads and quick finds - answers to workers compensation questions

Choosing workers compensation insurance takes understanding of legal requirements, coverage needs, business strategy, operations and payroll. Travelers workers comp FAQ pages provide support through it all.

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Why choose Travelers

Care for the employee, confidence for the employer

Employees are at the heart of every business. That's why Travelers is here to help employers keep them safe and support them when accidents happen. Our experienced teams guide both employers and their injured employees through recovery, from getting the right care to returning to work as soon as medically appropriate. In fact, 70% of injured employees return to work within 30 days.

Travelers approach

Information for Missouri businesses

Resources

Travelers workers compensation hub

Travelers workers compensation claim process

TravPay®/Pay-as-you-go billing

Premium Audit

Risk Management Information Services (RMIS)

Travelers Risk Control

Government links

Missouri Department of Labor & Industrial Relations Division of Workers’ Compensation (DWC)

Missouri Department of Labor & Industrial Relations DWC – Employers

More Prepare & Prevent

Insights to help you manage risks at work and on the road

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Sources
https://labor.mo.gov/dwc

Missouri Workers Compensation

Who is required to carry workers compensation insurance in Missouri?

Missouri requirements to consider

Who can receive workers compensation benefits in Missouri?

Construction

Technology & life sciences

Manufacturing

Compensable injuries

Posting notices

Providing medical treatment

Providing lost wages (indemnity)

Prompt reporting and forms

Record keeping

Penalties

Calculating Average Weekly Wage (AWW) in MO

Temporary Total Disability (TTD) benefits

Temporary Partial Disability (TPD) benefits

Permanent Partial Disability (PPD) benefits

Permanent Total Disability (PTD) benefits

Fatality benefits

Vocational rehabilitation

Medical benefits

Workplace Safety Resources

How to Unlock the Strategic Value of Benchmarking in Workers Compensation

Workplace Safety Resources

How Presumption Laws Are Changing Workers Compensation

Workplace Safety Resources

How Does Workers Compensation Apply to Employees Versus Contractors

Workplace Safety Resources

Workers Compensation Coverage for Business Leaders

Resources

Government links

Construction Resources

Tackling Rising Construction Insurance Claim Costs in the Wake of Labor Shortages

Workplace Safety Resources

The Travelers Injury Impact Report

Employee Wellness Resources

Helping to Prevent Chronic Pain and Opioid Abuse in the Workplace