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Missouri Employees Affidavit and Waiver of Workers Compensation Benefits

State:
Missouri
Control #:
MO-SKU-2182
Format:
PDF
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Description

Employees Affidavit and Waiver of Workers Compensation Benefits

The Missouri Employees Affidavit and Waiver of Workers Compensation Benefits is a legal document that is used when an employee agrees to waive their rights to receive benefits under the Missouri Workers' Compensation Act. This document must be signed by both the employee and the employer in order for the waiver to be valid. There are two types of Missouri Employees Affidavit and Waiver of Workers Compensation Benefits: the Voluntary Waiver and the Involuntary Waiver. The Voluntary Waiver is signed by an employee who wishes to voluntarily waive their rights to receive benefits under the Missouri Workers' Compensation Act. This waiver must be signed before the employee begins working for the employer and must be updated annually. The Involuntary Waiver is signed by an employee who has been injured on the job and wishes to waive their rights to receive benefits under the Missouri Workers' Compensation Act. This waiver must be signed within the first 30 days of the employee's injury and must be updated annually. Both types of waivers must be signed under oath and notarized in order to be valid. The employee must also provide a written statement that they fully understand the consequences of waiving their rights to receive benefits under the Missouri Workers’ Compensation Act.

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FAQ

Workers' compensation is a state-mandated, "no-fault" insurance system that pays benefits to workers injured on the job to cover medical care, part of lost wages and permanent disability. In return, employers receive immunity from civil lawsuits by employees over such workplace injuries.

Railroad, postal, and maritime workers are covered under federal laws and not by Missouri Workers' Compensation Laws.

In the state of Missouri you are required to carry workers' compensation insurance if you have five or more employees, unless you are in the construction industry, then you must carry workers' compensation insurance if you have one or more employees.

What Is the Statute of Limitations on Workers Comp Claims? A formal workers' compensation claim must be filed within two years of the injury or death. Injured workers must report their injury or illness to their employers within 30 days after the incident or 30 days after they are informed of their diagnosis.

An employer who knowingly fails to insure its workers' compensation liabilities is guilty of a class A misdemeanor and may be liable to the state of Missouri for a penalty of up to three times the annual premium or up to fifty thousand dollars, whichever amount is greater. A subsequent violation is a class E felony.

Missouri workers' compensation law requires businesses with five or more employees to carry coverage. The law, created by the Missouri General Assembly, gives your employees workers' compensation insurance benefits if they get a work-related injury or illness.

In the state of Missouri you are required to carry workers' compensation insurance if you have five or more employees, unless you are in the construction industry, then you must carry workers' compensation insurance if you have one or more employees.

Waivers of Subrogation: Not allowed and are against public policy in Missouri for an employer in the construction group of code classifications.

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Missouri Employees Affidavit and Waiver of Workers Compensation Benefits