Partners, sole proprietors may elect to receive benefits for themselves
Normally, workers' compensation (injury benefits from work) only covers employees, not business owners. This law lets partners and sole proprietors choose to buy workers' comp insurance that covers themselves too. If they do that, it also covers their workers. Family members related closely to the owner are automatically covered unless the owner takes a specific step to remove them from coverage. To remove a family member from coverage, the owner has to list them on the insurance policy using a form set by the state.
287.035. , s may elect to receive benefits for themselves — employees, effect — 's — intent of law — withdrawal of employee from coverage, procedure. — 1. The benefits provided by this chapter resulting from work-related injuries shall apply to partners or sole proprietors, only when such partners or sole proprietors have individually elected to insurance policy protection for themselves against injuries while in the pursuit of their vocation, profession or business.
2. An by partners or sole proprietors to secure the protection of the benefits by this chapter for themselves shall include their employees, if any, who are not eligible for except as provided by this section.
3. As respects the extension of benefits to employees this section, there shall be general of the law; provided, however, section 287.030 shall be to encompass the limited application of this section to employers having less than five employees.
4. Insurers who the protection authorized by this section shall be directly and primarily for the benefits provided by this chapter.
5. It is the expressed intent of this section to allow the optional purchase of the protection for workers' injuries sustained by partners or sole proprietors, including their employees, while in the pursuit of their vocation, profession or business. As provided in this chapter, and shall be extended in regard to disagreements between injured individuals and their insurers, but any of this chapter requiring an employer-employee status, where none exists, is hereby to accomplish the limited application of this section.
6. (1) This chapter shall apply to any employee who is related to a partner or sole proprietor within the unless such employee is withdrawn by the partner or sole proprietor from the coverage of the of this chapter;
(2) Any partner or sole proprietor who wishes to withdraw from coverage any employee set forth in (1) of this from the provisions of this chapter may do so by indicating such withdrawal from coverage under the provisions of a valid policy by listing such employees to be withdrawn. The notice of withdrawal shall be in a manner and on a form as determined by the . Such form shall require a list of those family member employees to be withdrawn, as described in subdivision (1) of this subsection. The withdrawal shall take effect and continue from the of the insurance policy and any up until the expiration date of the insurance policy or by written notice to the of which the employer is a member.
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Source & history notes
(L. 1983 H.B. 556, A.L. 1998 H.B. 1237, et al.)
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