My employee got hurt near Joplin, does he file Missouri workers' comp first?
If he ruptured an Achilles unloading equipment off I-44 near Joplin or got hit moving around a grain truck on Highway 43, then usually yes - Missouri workers' compensation is the first claim for an on-the-job injury.
If the injury happened while doing his job for your business, he should report it to you fast, and in Missouri the formal notice deadline is 30 days. You or your insurer then report it through the Missouri Division of Workers' Compensation. Missouri is different from some states because the employer generally controls authorized medical treatment in a comp claim. If your insurance sends him to a specific doctor, that usually matters for who pays. A formal workers' comp case is typically filed within 2 years, but that can stretch to 3 years if the employer never filed the required injury report.
If a third party caused it, workers' comp still usually starts the process, but it may not be the only claim. Example: a defective power tool, an outside delivery driver, or a farm vehicle on a rural road outside Joplin caused the injury. Then he may have a separate injury claim against that non-employer party while comp covers medical care and wage benefits. Missouri also uses pure comparative fault, so even if he shares some blame, that does not automatically wipe out a third-party claim.
If your business did not carry required workers' comp insurance, the situation changes fast. Missouri generally requires coverage for construction employers with 1 or more employees and non-construction employers with 5 or more employees. An uninsured case can expose the business to a civil lawsuit and state penalties, and the worker may also seek help through Missouri's workers' comp system rather than being limited to normal comp benefits.
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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