Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Chapter 287

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 287 Workers' Compensation Law ✹⚿

287.010	Citation of law. (8/28/1980)
287.020	Definitions — intent to abrogate earlier case law. (8/28/2017)
287.021	Sheriffs and deputy sheriffs to be covered by workers' compensation — average earnings defined. (8/28/1980)
287.030	Employer defined. (8/28/1998)
287.035	Partners, sole proprietors may elect to receive benefits for themselves — employees, effect — insurer's liability — intent of law — withdrawal of employee from coverage, procedure. (8/28/1998)
287.037	Member of limited liability company to receive coverage, rejection of coverage, rescission of rejection — S corporation, certain shareholders may elect or reject coverage. (8/28/2017)
287.040	Liability of employer — contractors, subcontractors. (8/28/2017)
287.041	For-hire motor carrier not an employer of a lessor — definition. (8/28/2005)
287.043	Abrogation of case law regarding definition of owner. (8/28/2005)
287.060	Employers and employees affected by this act. (8/28/1974)
287.061	Occupational or business license for construction contractors, city or county — duty to require proof of workers' compensation coverage, when, effect. (8/28/1998)
287.063	Occupational diseases, presumption of exposure — last employer liable — statute of limitations, starts running, when. (8/28/2005)
287.067	Occupational disease defined — repetitive motion, loss of hearing, radiation injury, communicable disease, others — posttraumatic stress disorder (PTSD). (8/28/2023)
287.070	Occupational diseases directly related to cleanup of an illegal drug manufacturing lab. (8/28/1998)
287.090	Exempt employers and occupations — election to accept — withdrawal — notification required of insurance companies. (8/28/2016)
287.100	Legislative intent relative to other laws expressed. (8/28/1939)
287.110	Scope of chapter as to injuries and diseases covered. (12/14/2005)
287.120	Liability of employer set out — compensation increased or reduced, when — use of alcohol or controlled substances or voluntary recreational activities, injury from — effect on compensation — mental injuries, requirements, firefighter stress not affected. (8/28/2017)
287.123	Insurers to establish safety engineering and management services program — requirements — division to maintain registry. (8/28/2001)
287.124	Department of labor and industrial relations, certification of employer safety programs, when. (1/1/1994)
287.126	Toll-free telephone number for workers' compensation information, division to establish. (8/28/1992)
287.127	Notice, employer to post, contents — division to develop, distribute, and publish notice, when — penalty. (8/28/2018)
287.128	Unlawful acts, penalties — fraud or noncompliance, complaint may be filed, effect — fraud and noncompliance unit established, purpose, confidentiality of records — annual report, contents. (1/1/2017)
287.129	False billing practices of health care provider, defined, effect — department of commerce and insurance, powers — penalty. (1/1/2017)
287.130	Employer's liability joint and several — contribution allowable. (8/28/1939)
287.135	Managed care services, department to establish program to certify organizations, procedures — effect on fees and services. (8/28/1993)
287.140	Employer to provide medical and other services, transportation, artificial devices, reactivation of claim — duties of health care providers — refusal of treatment, effect — medical evidence — division, commission responsibilities — notice to health care provider of workers' compensation claim, contents, effect — use of employee leave time. (1/1/2014)
287.141	Physical rehabilitation, defined, division of workers' compensation to administer — procedure. (8/28/1983)
287.143	Vocational rehabilitation services, not mandatory — testing and assessment. (8/28/2005)
287.144	Definitions. (7/1/1991)
287.145	Rehabilitation practitioners, providers, certification of, how. (7/1/1991)
287.146	Employee authorized to receive vocational rehabilitation, when — duties of director. (7/1/1991)
287.148	Loss of suitable, gainful employment, how determined — severe injury, defined — plan, duration, costs allowed. (7/1/1991)
287.149	Benefits to be paid, when — reduction of benefits, when. (8/28/2017)
287.150	Subrogation to rights of employee or dependents against third person, effect of recovery — construction design professional, immunity from liability, when, exception — waiver of subrogation rights on certain contracts void, employer's lien on subrogation recovery, when — third party liability, subrogation, effect on. (1/1/2014)
287.160	Waiting period — compensation, how paid — interest, how computed — not credit to employer for wages or benefits paid, exception. (8/28/1998)
287.170	Temporary total disability, amount to be paid — method of payment — disqualification, when — post injury misconduct defined — benefits not payable, when. (8/28/2021)
287.180	Temporary partial disability, amount to be paid — method of payment. (8/28/2021)
287.190	Permanent partial disability, amount to be paid — permanent partial disability defined — permanent total and partial total disability require certification by physician on compensability — award reduced when. (8/28/2005)
287.195	Claims for hernia, proof required. (8/28/1980)
287.197	Occupational deafness — tests, claims, awards, liability of employer, effect of hearing aid. (8/28/2005)
287.200	Permanent total disability, amount to be paid — suspension of payments, when — toxic exposure, treatment of claims. (8/28/2017)
287.203	Termination of compensation by employer, employee right to hearing — assessment of costs. (8/28/2017)
287.210	Physical examination of employee — exchange of medical records — admissibility of physician's, coroner's records — autopsy may be ordered. (1/1/2014)
287.215	Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence — statement, what is not to be included. (8/28/2005)
287.220	Compensation and payment of compensation for disability — second injury fund created, services covered, actuarial studies required — failure of employer to insure, penalty — records open to public, when — concurrent employers, effect — priority of payment of liabilities of fund, exceptions. (8/28/2021)
287.223	Missouri mesothelioma risk management fund created — definitions — issuance of payments, when — board of trustees, appointment, meetings, duties. (1/1/2014)
287.230	Payment of compensation at death of employee — exceptions — abrogation of case law. (6/26/2008)
287.240	Death benefits and burial expenses, amount, to whom paid and when paid — dependent defined — death benefits, how distributed — record of dependents, employer to keep — dependents to report to division, procedure. (8/28/2017)
287.241	Death benefits, inconsistent with section 287.240, when. (8/28/1980)
287.243	Line of duty compensation — definitions — claim procedure — distribution — no subrogation rights for employers or insurers — grievance procedures — sunset date — fund created, use of moneys — rulemaking authority. (8/28/2018)
287.245	Volunteer firefighters, grants for workers' compensation insurance premiums — or critical illness benefits pool. (8/28/2023)
287.250	Compensation, computation of — average weekly wage, division or commission may determine, when — additional compensation for persons under twenty-one, when — multiple employers, computation of coverage — weekly wage — compromise settlement. (8/28/1998)
287.252	Cafeteria plan payroll deductions, not to reduce computation of employee compensation. (8/28/1993)
287.253	Monetary bonus, effect on benefits. (8/28/2005)
287.260	Compensation to have priority — not assignable — exceptions. (8/28/1986)
287.266	Payments made to public assistance recipients to be a debt due state, recovery by state — attorney's fees — assignment of rights — apportionment by judge, when. (8/28/1987)
287.270	Benefits from other sources no bar to compensation, exception, professional athletes. (8/28/1998)
287.280	Employer's entire liability to be covered, self-insurer or approved carrier — exception — group of employers may qualify as self-insurers, requirements — rules — confidential records. (8/28/2021)
287.282	Employee leasing arrangements, coverage required. (8/28/1992)
287.290	Employee not to pay cost of insurance. (8/28/1939)
287.300	Employer's liability primary or secondary — notice and service, when sufficient. (8/28/1965)
287.310	Policies to be approved by department — deductible plans authorized, requirements. (8/28/2003)
287.335	Determinations review board, created, purpose — code classifications, classification system, review of, duties. (1/1/1994)
287.340	Insurance companies must keep reserve. (8/28/1939)
287.350	Insurance companies to make report. (8/28/1939)
287.360	Director may suspend or revoke permits and ask for a receiver. (8/28/1939)
287.370	Compensation in lieu of insurance, how provided. (8/28/1939)
287.380	Employer or insurer to make report to division, requirements — information not to be disclosed — failure to report, penalty. (8/28/2005)
287.390	Compromise settlements, how made — validity, effect, settlement with minor dependents — employee entitled to one hundred percent of offer, when — maximum medical improvement, rating from second physician, when. (8/28/2017)
287.400	Accident — duty of division — employer. (8/28/1965)
287.410	Powers and functions of the division of workers' compensation. (8/28/1980)
287.420	Written notice of injury to be given to employer — exceptions. (8/28/2005)
287.430	Limitation as to action, exception. (8/28/1998)
287.440	Limitation begins to run, when. (8/28/1980)
287.450	Failure to agree on compensation — division to hold hearings. (8/28/2012)
287.460	Division hearings, findings sent to parties and insurer — mediation services, division to establish procedures, requirements. (8/28/2012)
287.470	Commission may review and change award. (8/28/1939)
287.480	Application for review, time limit — when deemed filed — bond required, when. (8/28/2021)
287.490	Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising before August 13, 1980. (8/28/1980)
287.495	Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising on or after August 13, 1980. (8/28/1998)
287.500	Circuit court may act upon memorandum — procedure. (8/28/1963)
287.510	Temporary or partial awards may be made. (8/28/2005)
287.520	Notice — manner of serving. (8/28/2012)
287.530	Commission or division may commute compensation, when and how. (8/28/1998)
287.540	Compensation commuted — funds, how paid out. (8/28/1939)
287.550	Proceedings before commission to be informal and summary. (8/28/2005)
287.560	Division or commission may administer oaths, issue process, take depositions — depositions may be taken by electronic means — costs, how paid. (8/28/1993)
287.570	Contempt — penalty. (8/28/1939)
287.580	Death, pending proceedings — action shall not abate. (8/28/1939)
287.590	Division may be sued — official seal. (8/28/1980)
287.600	Oath of office. (8/28/1947)
287.610	Additional administrative law judges, appointment and qualification, limit on number — annual evaluations — review committee, retention vote — jurisdiction, powers — continuing training required — performance audits required — rules. (1/1/2014)
287.615	Employees of division — compensation — selection. (1/1/2006)
287.620	Attorney general legal adviser. (8/28/1965)
287.630	Forms, other material furnished by commission and division. (8/28/1965)
287.640	Necessary offices to be provided, where — salaries — traveling expenses, how paid — hearings, where held. (8/28/1998)
287.642	Public information programs, division to establish. (8/28/2005)
287.650	Division to make rules and regulations — power to destroy reports, when — rules. (8/28/2012)
287.655	Dismissal of claims, when, how, effect. (8/28/2012)
287.660	Fees. (8/28/1980)
287.670	No fees for services of public officers. (8/28/1965)
287.680	Annual report to governor. (8/28/1965)
287.690	Premium tax on insurance carriers, purpose, rate, how determined. (1/1/2025)
287.690	Premium tax on insurance carriers, purpose, rate, how determined — use of funds for employers mutual insurance company, purpose. (8/28/2018)
287.700	Returns delinquent — duty of director. (8/28/1939)
287.710	Tax returns — payments — use of proceeds — funds and interest not to lapse. (8/28/2005)
287.713	Director, report of expenditures. (8/28/1982)
287.715	Annual surcharge required for second injury fund, amount, how computed, collection — violation, penalty — supplemental surcharge, amount, expiration date. (8/28/2023)
287.716	Surcharge on deductible plan policyholders, when, calculation of — notification of policyholders. (8/28/2003)
287.717	Surcharge collection, procedure — failure to pay, interest assessed, when. (8/28/2003)
287.720	Companies withdrawing from state liable for taxes imposed — department of revenue empowered to collect. (8/28/1980)
287.730	Employer carrying own risk must pay tax. (8/28/1965)
287.740	Compliance with provisions obligatory — penalty for violation. (8/28/1939)
287.745	Delinquent taxes, interest, rate — overpayment of taxes, credit. (1/1/2014)
287.750	Sufficiency of notice. (8/28/1939)
287.760	Insurance carriers exempt from other tax, when. (8/28/1949)
287.780	Discrimination because of exercising compensation rights prohibited — civil action for damages — motivating factor defined. (8/28/2017)
287.790	Penalty not specifically provided — misdemeanor. (8/28/1939)
287.800	Law to be strictly construed. (8/28/2005)
287.801	Review of claims, by whom. (8/28/2005)
287.804	Waiver of compensation by employee, procedure. (8/28/2005)
287.808	Burden of proof. (8/28/2005)
287.810	Change of administrative law judge, procedure, limitations. (8/28/1980)
287.811	Discovery in workers' compensation cases, sections not to effect. (8/28/1995)
	RETIREMENT SYSTEM, ADMINISTRATIVE LAW JUDGES AND LEGAL ADVISORS
	A person who has earned creditable service under sections 287.812 to 287.855 may elect to transfer such credit to another retirement system, effect of transfer, limitations, 104.800 Purchase or transfer of prior creditable service authorized for certain persons covered by retirement plan authorized in chapter 287, 104.335
287.812	Definitions. (8/28/2014)
287.813	Retirement, administrative law judges and legal advisors — participation in state employees' retirement system required, when. (4/26/2005)
287.815	Retirement, age and service qualifications. (8/28/1999)
287.820	Benefits, amount, how payable — exemption from execution, certain judgment claims to be unassignable, exception — contributions to health care plan — consultants appointment, compensation, annual increases, how computed. (8/28/1998)
287.825	Death of member before or after retirement — benefits of beneficiaries. (8/31/1987)
287.830	Retirement with less than twelve years service — benefits. (8/28/1984)
287.835	Removal from office bars benefits — intentional killing of administrative law judge or legal advisor bars survivor benefits, when. (8/28/1997)
287.840	Practice of law after retirement — restrictions. (8/28/1984)
287.845	Administration of retirement system and funds. (4/26/2005)
287.846	Retirement benefit plan exclusive, exception — transfer of funds from other system. (8/28/1984)
287.850	Life insurance benefits. (8/28/1992)
287.855	Disability benefits. (8/28/1995)
287.856	Administrative law judges and legal advisors serving in Armed Forces may elect to purchase creditable prior service — contributions, payment period — surviving spouse may receive refund. (8/28/1997)
	MISSOURI PRIVATE SECTOR INDIVIDUAL SELF-INSURERS GUARANTY CORPORATION
287.860	Guaranty association, created, all self-insured to be members — powers — withdrawing member, duties. (8/28/1992)
287.862	Board of directors, members, appointment, qualifications — director to be member — terms, vacancies — expense reimbursement. (8/28/1992)
287.865	Moneys not deemed state moneys — use of funds — reports to director, when — additional powers of corporation — assessments, division shall levy, amount — no dividends to be paid — bankruptcy, dissolution, or insolvency of self-insured member, procedure. (8/28/2005)
287.867	Insolvency fund, created — purposes, audit of. (8/28/1992)
287.870	Plan of operation, submitted to division, when — purpose, contents — effective, when. (8/28/1992)
287.872	Powers and duties of division. (8/28/1992)
287.875	Assignment of recovery rights to corporation, when — receiver or liquidator, rights — corporation to file statements with receiver, when. (8/28/1992)
287.877	Insolvent member, board may determine, how — notice to division, when. (8/28/1992)
287.880	Liability, limitation of. (8/28/1992)
287.882	Automatic stay of proceedings, when, duration. (8/28/1992)
287.885	Limitations on actions. (8/28/1992)
287.886	Severability clause. (8/28/1992)
	DUTIES OF INSURERS
287.892	Workers' compensation insurers to report cost data to department. (8/28/1993)
287.894	Insurers to report medical claims data to division of workers' compensation, contents — consolidated health plan, duties — purpose — costs — penalty for failure to comply. (8/28/2005)
287.896	Residual market, department to develop plan — insurers to participate, rates, procedures — duties of director. (8/28/1993)
	EMPLOYERS MUTUAL INSURANCE COMPANY
287.900	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.900	Citation of law — definitions. (8/28/1993)
287.902	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.902	Missouri employers mutual insurance company, created, powers, purpose. (8/28/1993)
287.905	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.905	Board, created — members, appointment, qualifications, terms — chairman. (8/28/1993)
287.907	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.907	Administrator, hiring of, qualifications, compensation — powers of board, generally. (8/28/1993)
287.909	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.909	Administrator, duties of, bond required — immunity from liability, board and employees. (8/28/1993)
287.910	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.910	Rates, board to determine, how. (8/28/1993)
287.912	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.912	Investment policy, board to determine — administrator to make investments, how. (8/28/1993)
287.915	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.915	Agents may sell policies, commissions. (8/28/1993)
287.917	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.917	Workplace safety program, administrator to formulate — safety plan, contents — rates may be reduced, when. (8/28/1993)
287.919	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.919	Company not to receive state appropriation, exception — revenue bonds, authorization, terms, execution, procedures. (8/28/1993)
287.920	(Repealed L. 2023 S.B. 101) (1/1/2025)
287.920	Audit required, when, procedure — report, contents, governor and general assembly to receive — administrator to formulate budget — department, duties — subscribers to be provided policy, when. (8/28/1993)
287.921	Conversion of Missouri employers mutual insurance company to a private mutual insurance corporation, when — procedure. (8/28/2023)
287.922	Effective date. (8/28/2023)
	RATE REGULATION
287.930	Definitions. (1/1/1994)
287.932	Act not applicable, when — unfair trade practices, when. (1/1/1994)
287.935	Insurer and advisory organization not to make agreement restraining trade — insurer must use uniform experience rating plan — exceptions. (1/1/1994)
287.937	Director may conduct examinations — insurer and advisory organizations to maintain records, purpose — cost of examination — outstate examination may be accepted. (1/1/1994)
287.940	Penalties for violations, director may impose — each day a separate violation, when — license may be suspended or revoked, when. (1/1/1994)
287.942	Competitive market presumed to exist, when — reasonable degree of competition, factors. (1/1/1994)
287.945	Director to monitor degree of competition, purpose. (1/1/1994)
287.947	Insurers to file rate information in competitive market with the director, purpose — noncompetitive market, information filed — form of filing — public inspection. (1/1/1994)
287.950	Competitive market, rates not to be excessive, inadequate, unfairly discriminatory. (1/1/1994)
287.952	Rate standards in noncompetitive market, factors. (1/1/1994)
287.955	Insurers to adhere to uniform classification system, plan — director to designate advisory organization, purpose, duties — risk premium modification plan, requirements. (8/28/2016)
287.957	Experience rating plan, contents. (8/28/2016)
287.960	Disapproval of rate, when, how — procedures, director's powers — effect. (1/1/1994)
287.962	Hearings, when, conduct of — findings made, when — right to judicial determination. (1/1/1994)
287.965	Aggrieved party may file application with director, hearing held, when — findings, effect of. (1/1/1994)
287.967	Advisory organization must obtain license, restrictions — license, application — designation of by director, duration. (1/1/1994)
287.970	Advisory organization not to file rates on behalf of insurer, exception. (1/1/1994)
287.972	Advisory organization's permitted activities — director may allow pure premium rate data to be distributed. (8/28/2005)
287.975	Pure premium rate, schedule of rates, filed with director, when — payroll differential, advisory organization to collect data, when, purpose — construction group, submission to advisory organization. (8/28/2016)

- Cross References
	Administrators, workers' compensation policies, regulation of, 376.1075 to 376.1095
	Assumption of risk no defense in action against railroad by employee for injury, when, 389.870
	Blind employee may waive right to compensation for injury resulting from blindness, 537.170
	Chapter not applicable to person injured while participating in ride-sharing unless employer owns, leases or contracts for the vehicle used, 285.200
	Contracts limiting liability of railroad or mine operator for injury to employee, void, 537.210
	Contributory negligence no defense in action against railroad for injury, when, 389.730, 389.800
	Fellow servant, negligence of, no defense in action by employee against railroad or mine operator for injury, 537.180
	Injured employees, insurance, payment of fees and integration of systems of insurers and entities administering claims, department rules not applicable, when, 375.427
	Kids' chance scholarship program, 173.254, 173.258
	State legal expense fund not available for workers' compensation claims, 105.711
	Taxation by state of annuities, pensions and retirement allowances, 143.123, 143.124
	Teachers and school employees under workers' compensation may have credit during leave in their retirement system, requirements, 169.595
	Transient employers to post registration with revenue, workers' compensation and unemployment insurance, 285.234
	Vocational rehabilitation program, cooperation with by workers' compensation division, 178.620
	Wrongful death of employee of mine operator, liability for, 537.230

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