Missouri Revises Workers’ Comp Process and Posting

The Missouri Division of Workers’ Compensation revised it Notice of Workers’ Compensation posting.

The posting details the steps employers and employees need to take in the event of a workplace accident and the subsequent claims process. Additionally, an employer must fill in contact information for the employer representative and the employer’s insurance company, third-party administrator, or designated individual if the employer has been approved to self-insure.

What Changed?

The Division made the bulk of revisions on the second page of the document, now known as Employer Information. Many of the changes involved “wordsmithing” text, but the Division made several changes that affect employers and employees:

  • Survivor BenefitsAverage Weekly Wage: removed “for the year immediately preceding the injury”.
  • Steps to Take When Injury OccursStep #3: removed “insurer” as being able to choose health care provider or treating physician.
  • Workers’ Safety Section: added website address and the Division’s phone number.

Missouri employers must display the posting or face a class-A misdemeanor charge punishable by imprisonment and/or fines ranging from $50 to $1,000.

The revised Notice of Workers’ Compensation posting is included on the GovDocs Missouri State-on-One poster along with other required postings.

Big Changes to Oklahoma Worker’s Compensation Process and Posting

In 2013, the Oklahoma Supreme Court upheld the constitutionality of a new Oklahoma workers’ compensation law that phased out the Oklahoma Workers’ Compensation Court, replacing it with an administrative system, the Oklahoma Workers Compensation Commission (OWCC), effective February 2014. The OWCC will handle workers’ compensation claims made by injured workers instead of the Workers’ Compensation Court.

The new law also authorizes employers to opt out of the state’s workers’ compensation insurance provider as long as they provide equivalent coverage for injured workers.

Workers’ compensation is an insurance program that provides compensation for disability, and medical and rehabilitation benefits, for employees injured on the job. Oklahoma state law requires employers to provide workers’ compensation insurance for their employees, even if the employer only has one part-time employee. Employers with employees in Oklahoma must provide workers’ compensation coverage except where:

  • Domestic or household employees where total payroll is less than $10,000 annually.
  • Agricultural or horticultural employees where total payroll is less than $100,000 annually.
  • Certain licensed real estate sales persons and brokers.
  • Employees covered under Federal laws.

Significant Changes to the Oklahoma Workers’ Compensation Notice

Employers must post the Oklahoma Workers’ Compensation Notice posting (CC-Form-1A) that advises employees they are covered by the Workers’ Compensation Act (WCA) and that workers’ compensation counselor services are available at the OWCC. The notice must be posted and maintained by the employer in one or more conspicuous places on the work premises. The State also provides the form in Spanish.

As of February 1, 2014, the new CC-Form-1A supersedes Form 1A, which directed affected employees to follow the Oklahoma Workers’ Compensation Court procedures instead of new OWCC procedures.

Other significant changes include:

  • Accidental injury or death claim and cumulative trauma claim filing deadlines were reduced to one year of the date of injury or death. The State previously allowed two years. PLEASE NOTE: When first released, the posting stated a two-year limit. Below is the language directly from the current posting as of September 11, 2014 for clarification:
  • “Diagnostic” was removed from the list of covered services provided by employers under the WCA.
  • Other covered services were detailed to include:
  • First aid
  • Medical
  • Surgical
  • Hospital
  • Optometric
  • Podiatric
  • Nursing
  • Medicine
  • Crutches and other apparatus

All Oklahoma Required Postings Available in One Format

The revised Oklahoma Workers’ Compensation Notice is included on the GovDocs Oklahoma State-on-One poster, which includes postings required for employers in Oklahoma:

  • Workers’ Compensation Notice
  • Your Rights – Minimum Wage Act (Statutory Language Poster)
  • Your Rights – Minimum Wage Act (Plain Language Poster)
  • Oklahoma Law Prohibits Discrimination in Employment
  • Child Labor Law
  • State Public Occupational Safety & Health
  • Unemployment Insurance
  • No Smoking

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Mandatory Labor Law Posting Changes in the U.S. in 2013

Need to know if your employment locations were affected by mandatory labor law posting changes in 2013? Here’s the list as of December 10, 2013.

The states noted in red on the map experienced mandatory labor law posting changes for all or most employers in 2013, meaning that employers should replace postings at locations within those states. Below is a break-out of the specific postings that changed.

AK Notice of Workers’ Compensation Insurance Update
AZ Minimum Wage Update
CA California Law Prohibits Workplace Discrimination Update
CO Colorado Minimum Wage Order 30 Update
FL Minimum Wage Update
GA Bill of Rights for the Injured Worker Update
HI Breastfeeding in the Workplace New Posting
KS Workers’ Compensation Update
KY Unemployment Insurance Benefits Update
MA Unemployment Insurance Update
MA Fair Employment Law Update
MD Pregnant & Working New Posting
ME Workers’ Compensation Update
MN Minimum Wage Update
MO Minimum Wage Update
NC Unemployment Insurance Update
ND Wage & Hour Laws Update
NJ New Jersey State Wage and Hour Law Abstract Update
NJ SAFE Act New Posting
NM Notice of Accident New Posting
NY Minimum Wage Information Update
OH Minimum Wage Update
OK Oklahoma Law Prohibits Discrimination in Employment Update
OR Domestic Violence, Harassment, Sexual Assault or Stalking New Posting
OR Oregon Family Leave Act Update
OR Minimum Wage Update
RI Notice to All Employees (UI & DI) Update
RI State Minimum Wage Update
TN Unemployment Insurance Update
TX Employer Notification – Ombudsman Program Update
VT Minimum Wage Update
VT Unemployment Insurance Information Update
WV Wage Payment and Collection Update

Note: the Federal Family and Medical Leave Act also changed and is required for employers with 50 or more employees. Additionally, some states changed/added industry-specific postings, and several cities revised postings.

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Most Common Worker’s Compensation Violations

Each U.S. state (and the federal government) has a Worker’s Compensation program that provides compensation to employees who suffer job-related injuries and illnesses. While the federal government administers a workers’ comp program for federal and certain other types of employees, each state has its own worker’s compensation laws and enforcement of workers’ compensation programs. For example, the Workers Compensation program in Texas is enforced by the state Department of Insurance. Their 2013 enforcement actions provide insight into typical violations of state Worker’s Compensation laws.

Record-keeping and Reporting Violations Lead Offenses

  • More than one-third of all violations related to record-keeping and reporting – including employers, insurance carriers, and physicians and medical services.
  • Payment delays or discrepancies were the second leading category of violations.
  • Most common examples of employer violations included failure to:
    • File and/or accurately complete forms, reports or records
    • File wage statement with injured employees
    • Pay income or indemnity benefits to injured employees in a timely manner
    • Pay correct amount of income benefits to injured workers
    • Provide Agency with requested information about workers’ compensation

Fines for Worker’s Comp Violations

Covering a range of violations for employers, physicians /medical services, and insurance companies, fines for a worker’s compensation violation averaged $7,400. Employers’ fines averaged only $3,000 per offense; however, in 43% of the violations, insurance carriers were found at fault. Fines leveled at insurance companies averaged more than $12,000 per violation.

Payment violations lead all categories for total fine amount. Insurance carriers are liable for these fines for cases where they have failed to pay income benefits or medical bill reimbursement to injured employees in a timely manner.

Learn More: Posting Requirements

Are you an employer wondering what you need to display in the workplace to stay compliant with Worker’s Compensation posting requirements?

Every state requires Worker’s Compensation and Unemployment Insurance postings, but not all states have the same posting requirements. You can learn which Workers Comp postings and Unemployment Insurance postings are required for your state here.