In response to the HBA of Greater Springfield’s original meeting with the Work Comp Division’s leadership team last year, the Division has published a new brochure to help clarify the work comp coverage rule as it relates to the construction industry, especially as it pertains to the definition of an “employee” under Missouri’s statutes.
“This is an important step in making certain businesses in the construction industry are complying with the law,” said HBA President Rusty MacLachlan. “Unfortunately, there is a great deal of confusion about what constitutes that ‘one employee’ which automatically triggers the requirement to carry work comp in construction. Many people think it has to be a traditional W-2 employee but it does not. An employee is just about anyone in the service of an employer under any contract of hire, express or implied, oral or written.”
The Division is also looking at potential changes to the Affidavit of Exemption to address clarifying this issue, as well. This is the state-mandated form which must be signed by anyone in construction who does not provide proof of insurance for a business license.
The Brochure is available on the Division’s website and can be downloaded by clicking here.