For some employers throughout Missouri, “workers’ compensation” gets a bad reputation due to its ability to bring up images of employees’ who fake injuries for a monetary award. Nonetheless, workers’ comp is one of the most important rights that employees in Missouri have. According to Missouri’s Workers’ Compensation Law (Chapter 287 of the Revised Statues of Missouri), employers with 5 or more employees AND all employers in the construction industry must provide protection for their employees.
However, what about subcontractors in Missouri? Do they get workers’ comp and the benefits offered if hurt on the job? In short, sole proprietors and partners are excluded from the Missouri Workers’ Compensation Act, but general contractors do have to provide coverage for their subcontractors. So, the answer is “yes,” a general contractor can be liable for injuries to uninsured subcontractors or their employees. At the same time, there is no magic answer as to whether a business, or contractor, should seek coverage.Missouri workers’ comp laws can be complex, and if you are employing individuals for your enterprise, it’s essential to know the full breadth of Missouri employment law. At Popham Law in Kansas City, MO, our employment law attorneys are some of the most experienced and knowledgeable employment lawyers in the state. If you are an uninsured subcontractor injured on the job, you might have a case; call Popham Law in Kansas City today at (816) 221-2288.
Missouri Workers’ Compensation Law and Subcontractor Workers Comp Insurance
Under the Missouri Workers’ Compensation Law, sole proprietors and partners must elect to purchase workers’ comp insurance for themselves. As such, when a general contractor hires a subcontractor, the subcontractor can state that he/she is a sole proprietor and not legally required to carry workers’ comp insurance. However, if the subcontractor doesn’t elect to purchase workers’ comp insurance, and is, therefore, uninsured, the general contractor may be liable for any injuries that the subcontractor sustained while working that job.If the uninsured subcontractor is uninsured and is injured on-the-job, the general contractor’s insurance company may be required to pay claims while charging a premium. The general contractor’s insurance policy may consider:
- How the premium should be calculated
- What records are needed to figure out the premium
- An audit of the records related to the policy
To avoid paying the premium, the general contractor needs to provide the subcontractor’s proof of insurance or that the subcontractor has secured its own workers’ compensation obligations.
The Employer-Employee Relationship
It is clear that if an uninsured subcontractor is hurt on the job, the general contractor may be liable for medical expenses and other expenses. However, there is another important issue: whether an employer-employee relationship existed in the first place. Often, when the subcontractor is making a claim, an Administrative Law Judge will determine whether an employer-employee relationship existed. The Administrative Law Judge will consider any available and submitted evidence, while referring to the statutory provision under Section 287.040 RSMo.
Call the Employment Law Attorneys at Kansas City’s Popham Law
If you’re a subcontractor and you were hurt on the job, you may want to acquire the diligent, professional, and thorough legal services of the employment law attorneys at Popham Law. Compared to other law firms, we boast the experience and workers’ comp know-how that’ll be a major benefit to your case. We’ll work with you, one-on-one, to make sure that your specific interests stand at the forefront of our legal strategy. For a free, no-obligation consultation with the employment law attorneys at Kansas City’s Popham Law, call us today at (816) 221-2288.
