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Most workers are eligible for workers' comp

Federal law defines workers' compensation, but some of the rules are also on the state level. Some of the most important lower-level regulations are exempt from eligibility.

Any claim that a worker is not eligible for the program should be viewed with skepticism and analyzed from a legal perspective. This exemption means legislators specifically decided that certain types of employees do not require the protection of the workers' comp program. In the state of Missouri, the Workers' Compensation Act exempts:

  • Certain realty agents or sellers
  • Some truckers
  • Domestic workers
  • Farmworkers

There are some notable exceptions from this list. For example, the laws do not explicitly disqualify undocumented laborers from seeking payment under the workers' compensation laws. This means the majority of employees should look to this program to get the funds they need after an injury.

Generally speaking, anyone injured at work for a company or employer with more than a handful of workers would be eligible for compensation in Missouri. That is true whether the employer carries adequate insurance as required by law. 

Business owners usually carry enough insurance and understand the workers' compensation system well enough to facilitate claims. However, some companies, for whatever reason, attempt to stand in the way of workers getting the support they need to put their lives back together and get back on the job. 

Parties who do not carry the workers' comp insurance that they should are likely to do everything in their power to avoid paying for these benefits directly. When individuals have to stand up against companies, it is important to emphasize the facts during each step of the negotiation process. If it is impossible for you to reach an agreement, then it may be necessary to take the matter to a formal trial — a place where employers have to face the facts whether they like it or not.

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