Employer's liability primary or secondary
If an employer does not have workers' comp insurance, that employer pays injury claims directly. If the employer does have insurance, the insurance company is the one that pays the injured worker first. The employer must show proof of insurance when asked, and must tell an injured worker the name and address of the insurance company if asked. If the employer refuses, that is treated as proof they have no insurance, unless the insurance company shows up in the case. Both the employer and the insurance company are part of any workers' comp case, but the employer only has to pay if the insurance company fails to pay first.
287.300. Employer's primary or secondary — notice and , when sufficient. — If the employer is not his liability hereunder shall be primary and direct. If he is insured his liability shall be secondary and indirect, and his shall be primarily and directly hereunder to the injured employee, his or other persons entitled to rights hereunder. On the request of the or the and at every the employer shall produce and furnish it with a copy of his policy of insurance, and on the employer shall furnish the injured employee, or his dependents, with the correct name and address of his insurer, and his failure to do so shall be of his failure to insure, but the shall be by an of his insurer. Both the employer and his insurer shall be parties to all agreements or s of , but the same shall not be against the employer, except on and of by the insurer. Service on the employer shall be sufficient to give the division or the commission over the person of both the employer and his insurer, and the appearance of the employer in any shall also constitute the appearance of his insurer, provided that after appearance by an insurer, the insurer shall be entitled to notice of all proceedings hereunder.
(RSMo 1939 § 3715, A.L. 1965 p. 397)
Prior revision: 1929 § 3325
(1964) Compensation award was for lack of jurisdiction as against insurance company where company had appeared specially to deny that it was employer's insurer on date of employee's injury and subsequent notices of hearing were not sent to insurance company and stated that insurer was unknown. Woodruff v. Tourville Quarry, Inc. (A.), 381 S.W.2d 14.
Tap any gold-underlined word to see what it means.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.