According to the Missouri Economic Research and Information Center, there were roughly three million nonfarm payroll jobs across the Show-Me State in early 2025. Most of these workers are at least vaguely aware of the protections offered by workers’ compensation laws in Missouri, but few truly understand how they work. In fact, most workers only become familiar with these laws after they suffer workplace accidents and file claims for the first time. The basics of workers’ compensation in Missouri are quite straightforward, but each situation is slightly different. Online research could represent a first step toward greater understanding, and workers may wish to follow up with experienced workers’ compensation lawyers in Missouri. During a consultation, workers can discuss their specific circumstances in more detail, potentially receiving more targeted advice. Consider contacting Steelman Gaunt Crowley at (573) 341-8336 to continue this discussion.
Workers’ Compensation Is a “No-Fault” System
The workers’ compensation program in Missouri is based on a “no-fault” doctrine. Under this type of insurance system, injured workers can file claims regardless of negligence. This protects both the employee and the employer. With no requirement to establish fault, employers do not need to worry about being sued for mistakes that lead to workplace injuries. On the other hand, employees can file claims even if they cause their own injuries. Workers should not be hesitant to file claims simply because they feel guilty about causing workplace accidents, as even major mistakes can still lead to compensation.
That being said, there are a few notable exceptions to consider. First, workers may lose the right to file workers’ compensation claims for injuries caused by “horseplay.” Examples might include playful fights, pranks, and other childish behavior at work. Secondly, employees cannot file workers’ compensation claims for injuries suffered while intoxicated. If it becomes clear that a worker was high or drunk at the time of their accident, they may lose the right to pursue compensation. For this reason, some employers require drug and alcohol testing after major accidents.
Workers’ Compensation Does Not Cover All Workers
The phrase “workers’ compensation” is slightly misleading, since this insurance system does not cover all workers. Instead, it only covers “employees.” Employees generally receive continuous instruction from their employer, and they don’t have much freedom or flexibility regarding how they complete their assignments. In contrast, an “independent contractor” receives little direction and takes more initiative when completing assignments. Independent contractors cannot file workers’ compensation claims, and they also have limited rights compared to employees. Independent contractors include “gig workers” like delivery drivers, digital freelancers, handymen, “solopreneurs,” and many others. Aside from independent contractors, many longshoremen, seamen, and various government workers pursue compensation through special programs outside of workers’ comp.
That being said, some independent contractors are intentionally “misclassified” by their employers. These employers often attempt to avoid paying for workers’ compensation insurance by hiring only independent contractors. However, a worker might qualify as an employee even if their employer specifically labels them as an independent contractor. Workers should speak with an experienced workers’ compensation lawyer at Steelman Gaunt Crowley if they suspect they might have been misclassified.
Workers’ Compensation Does Not Cover All Losses
Many workers rely heavily on workers’ compensation to cover lost income and medical expenses. However, workers’ compensation laws clearly state that this program does not cover all losses. First, employees should know that workers’ comp never covers non-economic damages like disfigurement, loss of enjoyment of life, and emotional distress. In some cases, a workers’ comp claim might cover post-traumatic stress disorder (PTSD). However, workers should know that they will likely receive little compensation for emotional or psychological burdens caused by their accidents.
In addition, workers’ compensation only covers two-thirds of accident-related income loss. According to the People’s Policy Project, up to 64% of Americans now live paycheck to paycheck. The loss of one-third of a paycheck can have drastic consequences for families in Missouri, and it is important to be realistic about the limitations of workers’ compensation claims. Workers’ comp is not an endless source of income, and the only loss it covers in full is medical expenses.
Workers’ Compensation Laws Prevent Lawsuits
One of the key functions of workers’ compensation laws is to prevent lawsuits. When an employer secures workers’ compensation insurance, they gain protection from most civil claims filed by their workers. Even if an employer makes some kind of mistake that endangers their workforce, direct lawsuits are generally impossible.
However, there are a few exceptions to consider. First, an employee may be able to sue their employer for gross, reckless negligence. This type of conduct goes beyond basic mistakes and verges on criminally irresponsible behavior. Secondly, an employee may be able to sue a third party for causing their work-related injuries. For example, a delivery driver might sue a drunk driver for causing their crash. A construction worker might also sue a third-party contractor for causing an accident on their worksite. This may be something worth discussing with a workers’ comp lawyer, as a personal injury claim can provide more compensation. Not only does it cover non-economic damages, but it can also cover 100% of lost income.
You Can Appeal Denied Workers’ Comp Claims
Workers’ compensation laws outline a very clear appellate process for denied claims. Workers who receive denied claims have the right to appeal, and they may continue to appeal all the way to the highest courts. That said, workers’ comp appeals are more complicated than initial claims – and it may help to work with an experienced lawyer when navigating denied claims.
FAQ
Q: What is Workers’ Compensation?
Workers’ Compensation is a system that provides benefits to employees who are injured or become ill because of their job. It generally applies when an injury or illness “arises out of and in the course of employment.” It is typically a “no-fault” system, meaning you don’t have to prove your employer was negligent to receive benefits.
Q: Who is covered by Workers’ Compensation?
Most employees are covered under state workers’ compensation laws. Some categories, like certain independent contractors or exempted workers, may not be covered depending on the state.
Q: What kinds of injuries or illnesses qualify?
- Accidents at work (falls, collisions, machinery accidents, slips, etc.)
- Occupational illnesses or conditions that develop over time, such as repetitive-motion injuries, exposure-related diseases, or hearing loss from prolonged noise
Q: What benefits does Workers’ Compensation provide?
- Medical care: treatment, hospital care, therapy, medication, rehabilitation
- Wage replacement: partial wages if you cannot work while recovering
- Disability benefits: temporary or permanent disability compensation if your injury or illness affects your ability to work long-term
- Rehabilitation and retraining: if you cannot return to your prior job
- Death/survivor benefits: for dependents if a work-related injury or illness results in death
Q: Do I need to prove my employer was at fault to get benefits?
No — because workers’ compensation is “no-fault,” it does not matter whether the employer was negligent. The injury or illness must have occurred while performing work duties.
Q: What does “exclusive remedy” mean under Workers’ Compensation?
Accepting workers’ compensation benefits usually means you cannot sue your employer for a workplace injury or illness. However, you may still have the option to pursue a separate claim against a third party (such as an equipment manufacturer) if they contributed to the injury.
Q: What are the main limitations of Workers’ Compensation?
- Only covers injuries or illnesses directly related to work. Injuries outside of work duties, such as during commuting or personal time, are often not covered.
- Does not cover non-economic damages such as pain and suffering or emotional distress.
Discuss Workers’ Compensation Laws With Steelman Gaunt Crowley
Although the basics of workers’ compensation laws are relatively straightforward, individual claims can become quite complex. Workers may need to calculate how much compensation they need after a partial or total disability. These calculations may be based on complicated percentages representing degrees of disabilities caused by certain injuries. Workers may also need to think about whether they have been misclassified by their employer. Denied claims can make this process more challenging, and some workers struggle with endless delays while pursuing fair compensation. An experienced workers’ compensation lawyer in Missouri may be able to guide employees toward positive outcomes despite these challenges. Consider contacting Steelman Gaunt Crowley at (573) 341-8336 to discuss the relevant factors.