Workers Compensation: Employer Fraud
Missouri Workers Compensation Lawyer
Roskin & Hoffmann, LLC
Be familiar with what is required of the employer under the Missouri Workers Compensation laws.
Chapter 287, Section 128, of the Missouri Revised Statutes establishes a fraud and noncompliance administrative unit in the Division of Workers Compensation that is responsible for investigating incidences of fraud and failure to comply with the provisions of the statute.
Missouri employers with 5 or more employees are required to have workers compensation insurance or qualify as a self-insured employer. Construction industry employers are normally required to have workers compensation insurance coverage if they have one or more employees.
The law makes it unlawful for any person, company or entity to prepare or provide an invalid certificate of insurance as proof of workers compensation coverage. An invalid certificate of work comp insurance is one that the employer procures or uses to show that the employer has workers comp insurance when in fact no such insurance exists.
Consequences of Employer Workers Compensation Fraud
A employer who knowingly fails to insure its workers compensation liabilities is guilty of a class A misdemeanor and may be liable to the state of Missouri for a penalty of up to three times the annual premium or up to fifty thousand dollars, whichever amount is greater. A subsequent violation is a class D felony. Failure to maintain workers compensation insurance should be reported to the Fraud and Noncompliance Unit of the Division of Workers Compensation.
An injured workers may attempt to recover the cost of medical bills from the Second Injury Fund if the employer fails to comply with the law by carrying adequate workers compensation insurance. Usually, both the uninsured employer and the Second Injury Fund are liable for the medical care and expenses. The Second Injury Fund, if liable, may turn around and seek reimbursement against the employer for such liability. The Second Injury Fund is only responsible for payment of medical expenses and not permanent or temporary disability benefits. To make a claim for payment of medical bills with the Second Injury Fund, you must file a claim for compensation against the Second Injury Fund and the uninsured employer and you may also elect to bring an action for personal injury in the circuit court against the employer that does not have workers compensation liability insurance.
If you believe you have accurate information with regard to an employer not complying with workers comp laws you should report it to the Workers Compensation Fraud and Noncompliance Unit. Their phone number is (800) 592-6003.
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work or have questions regarding work comp employer fraud, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Compensation question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Learn about employer fraud.