2005 Changes in Law
Under the new law the employee will have to show that work was the "prevailing factor" in causing the injury and disability. Under the old law, an employee had to show that work was "a substantial factor" in causing the injury. This law can be significant when an employee has a pre-existing condition that combines with work to cause a disability.
Also, an accident under the new law is described as a traumatic event or unusual strain "caused by a specific event during a single work shift."
Under the new law the requirements that you notify your employer if you have been injured or have an occupational disease are more strict. To be safe, you should notify your employer immediately in writing.
Under the new law if an employee fails to obey a rule or policy adopted by the employer on a drug free workplace, the benefits are reduced by 50%. If the employee's use of alcohol or non-prescription drugs is the cause of the employee's injury, then benefits are forfeited.
If an injured employee returns to work and is terminated from employment due to "post-injury misconduct", the employee is not eligible to receive weekly disability benefits. The phrase "post-injury misconduct" does not include absence from the workplace due to an injury unless the employee is capable of working with restrictions, as certified by a physician.
For a more detailed explanation of changes under the new law click here and go to the website of the Missouri Department of Labor and Industrial Relations.
