Exempt employers and occupations
Missouri's workers' compensation law does not cover certain workers. These include farm workers, household servants, family chauffeurs, prison inmates doing work for the government, unpaid volunteers for certain charities, and some sports officials for youth programs. Employers who are normally exempt can choose to get workers' compensation coverage anyway by buying an insurance policy, and they can also drop that coverage later by canceling the policy or giving written notice.
287.090. employers and occupations — to accept — withdrawal — notification required of insurance companies. — 1. This chapter shall not apply to:
(1) of farm labor, in a private home, including family chauffeurs, or occasional labor performed for and related to a private household;
(2) Qualified agents and direct sellers as those terms are defined in Section 3508 of 26 United States Code;
(3) Employment where the person employed is an confined in a state prison, or county or jail, or a patient or resident in a state mental health facility, and the labor or services of such inmate, patient, or resident are exclusively on behalf of the state, county or having of said inmate, patient, or resident. Nothing in this is intended to exempt employment where the inmate, patient or resident was hired by a state, county or municipal government agency after direct competition with persons who are not , patients or residents and the for the position of employment is not or affected by the worker's status as an inmate, patient or resident;
(4) Except as provided in section 287.243, volunteers of a which operates under the standards of Section 501(c)(3) or Section 501(c)(19) of the federal Internal Revenue Code, where such volunteers are not paid wages, but provide services purely on a charitable and voluntary basis;
(5) Persons providing services as , sports officials, or workers for activities programs or similar amateur youth programs who are not otherwise employed by the sponsoring school, association of schools or nonprofit tax-exempt organization sponsoring the amateur youth programs.
2. Any employer exempted from this chapter as to the employer or as to any class of employees of the employer the of subdivision (3) of 1 of section 287.030 or pursuant to subsection 1 of this section may elect coverage as to the employer or as to the class of employees of that employer pursuant to this chapter by purchasing and accepting a valid policy or , or by written notice to the of which the employer is a member. The election shall take effect on the of the workers' compensation insurance policy or endorsement, or by written notice to the group self-insurer of which the employer is a member, and continue while such policy or endorsement remains in effect or until further written notice to the group self-insurer of which the employer is a member. Any such exempt employer or employer with an exempt class of employees may withdraw such election by the or of the workers' compensation insurance policy or endorsement, or by written notice to the group self-insurer of which the employer is a member. In the event the employer is electing out of coverage as to the employer, the cancellation shall take effect on the later date of the cancellation of the policy or the of notice pursuant to subsection 3 of this section.
3. Any insurance company to write insurance under the provisions of this chapter in this state shall file with the a memorandum on a form prescribed by the division of any issued to any employer and of any renewal or cancellation thereof.
4. The mandatory coverage sections of this chapter shall not apply to the employment of any member of a family owning a as defined in section 350.010 or to the employment of any salaried officer of a family farm corporation organized pursuant to the laws of this state, but such family members and officers of such family farm corporations may be covered under a policy of workers' compensation insurance if approved by a of the . Nothing in this subsection shall be to apply to any other type of other than a family farm corporation.
5. A corporation may withdraw from the provisions of this chapter, when there are no more than two owners of the corporation who are also the only employees of the corporation, by filing with the division notice of election to be withdrawn. The election shall take effect and continue from the date of filing with the division by the corporation of the notice of withdrawal from under this chapter. Any corporation making such an election may withdraw its election by filing with the division a notice to withdraw the election, which shall take effect thirty days after the date of the filing, or at such later date as may be specified in the notice of withdrawal.
(RSMo 1939 § 3693, A.L. 1957 p. 579, A.L. 1965 p. 397, A.L. 1971 S.B. 163, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1987 S.B. 261, A.L. 1988 H.B. 1073, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2009 H.B. 580, A.L. 2016 S.B. 700)
Prior revision: 1929 § 3303
(1998) Statute does not require that file as a prerequisite to cancellation of a policy. Simpson v. Dale E. Saunchegrow Const., 965 S.W.2d 899 (Mo.App. S.D.).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.