The Missouri Court of Appeals, Southern District, has found in favor of an employee who was injured while on the job. His employer did not have workers' compensation coverage for its employees. The case is Busby v. D.C. Cycle LTD., and Missouri State Treasurer as Custodian of the Second Injury Fund, Case No. SD29464 (Mo. Ct. App. S.D. Aug. 31, 2009).
Larry Busby, an employee, was injured during the course and scope of his employment with D.C. Cycle Ltd, a business that sold parts for and repaired and serviced motorcycles.
At issue in this case was whether the employer had five or more employees, thereby subjecting it to the Missouri Workers' Compensation Law requiring an employer to maintain workers' compensation liability insurance. If so, the employers' failure to provide workers' compensation insurance coverage would obligate the Missouri Second Injury Fund to pay medical benefits the injured worker was entitled to receive.
The Southern District concurred with the Administrative Law Judge and the Labor and Industrial Relations Commision and concluded that the employer did have five or more employees and was required to carry workers' compensation liability insurance pursuant to Sec. 287.030.l(3) Revised Statutes of Missouri. Because the employer failed to do so, the Missouri Second Injury Fund was directed to pay the claimants workers' compensation benefits.
Not all Missouri employers are required to carry workers' compensation liability insurance for the protection of their employees in the event of an on the job injury. Further, this area of the law can be complicated and confusing for both employees and employers.
If you or someone you love is seriously injured or killed in a work related accident, you should seek competent legal advise as soon as possible. The experienced team of attorneys at Tatlow, Gump, Faiella & Wheelan, LLC will work closely with you to make sure you and your dependants receive the benefits you are entitled to.
