Workers Compensation: Employer Noncompliance
Missouri Workers Compensation Lawyer
Roskin & Hoffmann, LLC
Know what Missouri Workers Compensation laws require of the employer
Every employer who is subject to the requirements of the workers compensation law must insure its entire workers compensation liability with an insurance carrier that is authorized to insure such liability in the State of Missouri by the Missouri Department of Insurance or qualify to be a self-insured employer by the Division of Workers Compensation. Noncompliance is the failure of the employer to carry workers compensation insurance when required to do so under the law.
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.
Any employer who knowingly fails to insure his liability pursuant to this chapter shall be guilty of a class A misdemeanor and, in addition, shall be liable to the state of Missouri for a penalty in an amount up to three times the annual premium the employer would have paid had such employer been insured or up to fifty thousand dollars, whichever amount is greater. Any person who has previously pled guilty to or has been found guilty of violating any of the provisions of this section and who subsequently violates any of the provisions of this section shall be guilty of a class D felony.
Noncompliance Complaints within the Workers Comp Division
Any person may file a complaint alleging fraud or noncompliance with this chapter with a legal advisor in the division of workers' compensation. The legal advisor shall refer the complaint to the fraud and noncompliance unit within the division. The unit shall investigate all complaints and present any finding of fraud or noncompliance to the director, who may refer the file to the attorney general. The attorney general may prosecute any fraud or noncompliance associated with this chapter. All costs incurred by the attorney general associated with any investigation and prosecution pursuant to this subsection shall be paid out of the workers' compensation fund. Any fines or penalties levied and received as a result of any prosecution under this section shall be paid to the workers' compensation fund. Any restitution ordered as a part of the judgment shall be paid to the person or persons who were defrauded.
If your employer is in noncompliance of the law, you can easily find out if they have work comp insurance by checking with the Department of Labor’s Insurance Coverage Verification page.
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, 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.