Title XVIII — LABOR AND INDUSTRIAL RELATIONS

287.010. Citation of law. — This chapter shall be known as "The Workers' Compensation Law". ­­-------- (RSMo 1939 § 3689, A.L. 1980 H.B. 1396) Prior revision: 1929 § 3299 (1960) Defenses that injuries to employee were subject to workmen's compensation law and that plaintiff was e…

287.020. Definitions — intent to abrogate earlier case law. — 1. The word "employee" as used in this chapter shall be construed to mean every person in the service of any employer, as defined in this chapter, under any contract of hire, express or implied, oral or written, or und…

287.021. Sheriffs and deputy sheriffs to be covered by workers' compensation — average earnings defined. — 1. As used in this chapter, the term "employee" includes a sheriff or deputy sheriff and the term "employer" includes a county in regard to a sheriff or deputy sheriff. 2. E…

287.030. Employer defined. — 1. The word "employer" as used in this chapter shall be construed to mean: (1) Every person, partnership, association, corporation, limited liability partnership or company, trustee, receiver, the legal representatives of a deceased employer, and ever…

287.035. Partners, sole proprietors may elect to receive benefits for themselves — employees, effect — insurer's liability — intent of law — withdrawal of employee from coverage, procedure. — 1. The benefits provided by this chapter resulting from work-related injuries shall appl…

287.037. Member of limited liability company to receive coverage, rejection of coverage, rescission of rejection — S corporation, certain shareholders may elect or reject coverage. — 1. Notwithstanding any other provision of law to the contrary, beginning January 1, 1997, those i…

287.040. Liability of employer — contractors, subcontractors. — 1. Any person who has work done under contract on or about his premises which is an operation of the usual business which he there carries on shall be deemed an employer and shall be liable under this chapter to such…

287.041. For-hire motor carrier not an employer of a lessor — definition. — Notwithstanding any provision of sections 287.030 and 287.040, for purposes of this law, in no event shall a for-hire motor carrier operating within a commercial zone as defined in section 360.041* or sec…

287.043. Abrogation of case law regarding definition of owner. — In applying the provisions of subsection 1 of section 287.020 and subsection 4 of section 287.040, it is the intent of the legislature to reject and abrogate earlier case law interpretations on the meaning of or def…

287.060. Employers and employees affected by this act. — Every employer and every employee, except as in this chapter otherwise provided, shall be subject to the provisions of this chapter and respectively to furnish and accept compensation as herein provided. ­­-------- (RSMo 19…

287.061. Occupational or business license for construction contractors, city or county — duty to require proof of workers' compensation coverage, when, effect. — 1. Any city or county which issues an occupational or business license for a contractor in the construction industry s…

287.063. Occupational diseases, presumption of exposure — last employer liable — statute of limitations, starts running, when. — 1. An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when for any length of time, however short, …

287.067. Occupational disease defined — repetitive motion, loss of hearing, radiation injury, communicable disease, others — posttraumatic stress disorder (PTSD). — 1. In this chapter the term "occupational disease" is hereby defined to mean, unless a different meaning is clearly…

287.070. Occupational diseases directly related to cleanup of an illegal drug manufacturing lab. — Disease of the lungs or respiratory tract or disease of the heart or cardiovascular system, including carcinoma, may be recognized as occupational diseases for the purposes of chapt…

287.090. Exempt employers and occupations — election to accept — withdrawal — notification required of insurance companies. — 1. This chapter shall not apply to: (1) Employment of farm labor, domestic servants in a private home, including family chauffeurs, or occasional labor pe…

287.100. Legislative intent relative to other laws expressed. — Nothing in this chapter shall be construed as amending or repealing any statute or ordinance relating to associations or funds for the relief, pension, retirement, or other benefit of firemen, policemen, or other pub…

287.110. Scope of chapter as to injuries and diseases covered. — 1. This chapter shall apply to all cases within its provisions except those exclusively covered by any federal law. 2. This chapter shall apply to all injuries received and occupational diseases contracted in this s…

287.120. Liability of employer set out — compensation increased or reduced, when — use of alcohol or controlled substances or voluntary recreational activities, injury from — effect on compensation — mental injuries, requirements, firefighter stress not affected. — 1. Every emplo…

287.123. Insurers to establish safety engineering and management services program — requirements — division to maintain registry. — 1. Each insurance carrier writing workers' compensation insurance in this state shall establish a program whereby the carrier shall have available a…

287.124. Department of labor and industrial relations, certification of employer safety programs, when. — The department of labor and industrial relations shall complete all applications filed prior to January 1, 1994, from employers for certification of employer safety programs.…

287.126. Toll-free telephone number for workers' compensation information, division to establish. — The division of workers' compensation shall establish a toll-free number for employees injured on the job to provide information regarding employees' rights, obligations and benefi…

287.127. Notice, employer to post, contents — division to develop, distribute, and publish notice, when — penalty. — 1. Beginning January 1, 1993, all employers shall post a notice at their place of employment, in a sufficient number of places on the premises to assure that such …

287.128. Unlawful acts, penalties — fraud or noncompliance, complaint may be filed, effect — fraud and noncompliance unit established, purpose, confidentiality of records — annual report, contents. — 1. It shall be unlawful for any person to knowingly present or cause to be prese…

287.129. False billing practices of health care provider, defined, effect — department of commerce and insurance, powers — penalty. — 1. A health care provider commits a fraudulent workers' compensation insurance act if he or she knowingly and with intent to defraud presents, cau…

287.130. Employer's liability joint and several — contribution allowable. — If the injury or death occurs while the employee is in the joint service of two or more employers, their liability shall be joint and several, and the employee may hold any or all of such employers. As be…

287.135. Managed care services, department to establish program to certify organizations, procedures — effect on fees and services. — 1. The department of commerce and insurance shall establish a program whereby managed care organizations in this state shall be certified by the d…

287.140. Employer to provide medical and other services, transportation, artificial devices, reactivation of claim — duties of health care providers — refusal of treatment, effect — medical evidence — division, commission responsibilities — notice to health care provider of worke…

287.141. Physical rehabilitation, defined, division of workers' compensation to administer — procedure. — 1. The purpose of this section is to restore the injured person as soon as possible and as nearly as possible to a condition of self-support and maintenance as an able-bodied…

287.143. Vocational rehabilitation services, not mandatory — testing and assessment. — As a guide to the interpretation and application of sections 287.144 to 287.149, sections 287.144 to 287.149 shall not be construed to require the employer to provide vocational rehabilitation …

287.144. Definitions. — As used in sections 287.144 to 287.149, the following words mean: (1) "Appropriate vocational testing", appropriate vocational testing may be included when a new job is necessary for consideration for an injured worker. Appropriate vocational testing may i…

287.145. Rehabilitation practitioners, providers, certification of, how. — 1. Any person who has met the requirements in section 287.144 for a rehabilitation practitioner shall request in written form certification from the division. The division shall, after confirming that such…

287.146. Employee authorized to receive vocational rehabilitation, when — duties of director. — 1. When an employee has sustained injury of sufficient severity, as provided in section 287.148, as the result of an injury arising out of and in the course of employment, the employee…

287.148. Loss of suitable, gainful employment, how determined — severe injury, defined — plan, duration, costs allowed. — 1. Within one hundred and twenty days of the date of the injury, the employer shall determine whether the injured worker has sustained an injury that results …

287.149. Benefits to be paid, when — reduction of benefits, when. — 1. Temporary total disability or temporary partial disability benefits shall be paid throughout the rehabilitative process until the employee reaches maximum medical improvement, unless such benefits are terminat…

287.150. Subrogation to rights of employee or dependents against third person, effect of recovery — construction design professional, immunity from liability, when, exception — waiver of subrogation rights on certain contracts void, employer's lien on subrogation recovery, when —…

287.160. Waiting period — compensation, how paid — interest, how computed — not credit to employer for wages or benefits paid, exception. — 1. Except as provided in section 287.140, no compensation shall be payable for the first three days or less of disability during which the e…

287.170. Temporary total disability, amount to be paid — method of payment — disqualification, when — post injury misconduct defined — benefits not payable, when. — 1. For temporary total disability the employer shall pay compensation for not more than four hundred weeks during t…

287.180. Temporary partial disability, amount to be paid — method of payment. — 1. For temporary partial disability, compensation shall be paid during such disability but not for more than one hundred weeks, and shall be sixty-six and two-thirds percent of the difference between …

287.190. Permanent partial disability, amount to be paid — permanent partial disability defined — permanent total and partial total disability require certification by physician on compensability — award reduced when. — 1. For permanent partial disability, which shall be in addit…

287.195. Claims for hernia, proof required. — In all claims for compensation for hernia resulting from injury arising out of and in the course of the employment, it must be definitely proved to the satisfaction of the division or the commission: (1) That there was an accident or …

287.197. Occupational deafness — tests, claims, awards, liability of employer, effect of hearing aid. — 1. Losses of hearing due to industrial noise for compensation purposes shall be confined to the frequencies of five hundred, one thousand, and two thousand cycles per second. L…

287.200. Permanent total disability, amount to be paid — suspension of payments, when — toxic exposure, treatment of claims. — 1. Compensation for permanent total disability shall be paid during the continuance of such disability from the date of maximum medical improvement for t…

287.203. Termination of compensation by employer, employee right to hearing — assessment of costs. — Whenever the employer has provided compensation under section 287.170, 287.180 or 287.200, and terminates such compensation, the employer shall notify the employee of such termina…

287.210. Physical examination of employee — exchange of medical records — admissibility of physician's, coroner's records — autopsy may be ordered. — 1. After an employee has received an injury he shall from time to time thereafter during disability submit to reasonable medical e…

287.215. Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence — statement, what is not to be included. — No statement in writing made or given by an injured employee, whether taken and transcribed by a stenographer, signed or unsigned by the …

287.220. Compensation and payment of compensation for disability — second injury fund created, services covered, actuarial studies required — failure of employer to insure, penalty — records open to public, when — concurrent employers, effect — priority of payment of liabilities …

287.223. Missouri mesothelioma risk management fund created — definitions — issuance of payments, when — board of trustees, appointment, meetings, duties. — 1. There is hereby created the "Missouri Mesothelioma Risk Management Fund", which shall be a body corporate and politic. T…

287.230. Payment of compensation at death of employee — exceptions — abrogation of case law. — 1. The death of the injured employee shall not affect the liability of the employer to furnish compensation as in this chapter provided, so far as the liability has accrued and become p…

287.240. Death benefits and burial expenses, amount, to whom paid and when paid — dependent defined — death benefits, how distributed — record of dependents, employer to keep — dependents to report to division, procedure. — If the injury causes death, either with or without disab…

287.241. Death benefits, inconsistent with section 287.240, when. — The dependent and the employer may, by agreement, enter into a structured settlement which provides for different weekly benefits than provided in section 287.240. Any such settlement must be secured by indemnity…