State
Missouri business insurance requirements
Missouri business insurance: workers' comp at 5 employees or 1 in construction, a residual market for comp, 25/50/25 auto limits and a 5% surplus lines tax.
Workers' compensation
| Who must carry it | Required for employers with 5 or more employees, and for construction industry employers that erect, demolish, alter or repair improvements with 1 or more employees; family members within the third degree count toward the total (RSMo 287.030) |
|---|---|
| Employee threshold | 5 employees (1 in construction) |
| Who can be excluded | Sole proprietors and partners are not covered unless they elect coverage; LLC members and close family members are presumed covered unless they opt out; a corporation whose only employees are no more than 2 owners may withdraw by filing notice with the division (RSMo 287.090.5); farm labor, domestic servants, qualified real estate agents and direct sellers, and unpaid 501(c)(3) volunteers are exempt (287.090.1) |
| Construction rule | 1 or more employees; a principal contractor is the statutory employer of its subcontractors' employees on the job site (RSMo 287.030, 287.040) |
| Market | Competitive private market |
| State fund | No state fund; a residual market plan that every comp insurer must join has covered employers unable to buy coverage normally since January 1, 1994 (RSMo 287.896) |
| Rating bureau | NCCI |
| Penalty for not carrying it | Knowingly failing to insure is a class A misdemeanor plus a penalty up to three times the annual premium or up to $50,000, whichever is greater; a repeat violation is a class E felony (RSMo 287.128.7) |
| Workers' comp agency | Missouri Division of Workers' Compensation |
| Agency phone | 800-775-2667 |
| Agency website | labor.mo.gov/DWC |
Employee benefit mandates
| State disability insurance | No state mandate |
|---|---|
| Paid family and medical leave | No state program |
Commercial auto
| Minimum liability limits | 25/50/25 ($25,000 per person and $50,000 per accident for bodily injury, $25,000 property damage) per vehicle (RSMo 303.190); FMCSA limits apply to interstate motor carriers |
|---|
Liability law
| Negligence rule | Pure comparative fault (Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)); a defendant 51% or more at fault is jointly and severally liable, others pay only their share (RSMo 537.067) |
|---|---|
| Time limits to sue | Personal injury and property damage 5 years (RSMo 516.120); written contracts for the payment of money or property 10 years (516.110), other contracts 5 years (516.120) |
Insurance regulator
| Insurance regulator | Missouri Department of Commerce and Insurance |
|---|---|
| Consumer hotline | 800-726-7390 |
| Website | insurance.mo.gov |
| Surplus lines tax | 5% of net premium, paid by the surplus lines broker before April 16 each year; the broker may collect it from the insured (RSMo 384.059, in effect in 2026) |
| Property insurer of last resort | Missouri Basic Property Insurance Inspection and Placement Program, which makes basic property insurance available to owners unable to buy it through ordinary methods (RSMo 379.810) |
Laws that shape business insurance in Missouri
- Construction employers covered from the first employee, RSMo 287.030
- Penalty for no comp up to 3x annual premium or $50,000, RSMo 287.128
- Joint and several liability only at 51% fault or more, RSMo 537.067
- Statutory employer rule for contractors, RSMo 287.040
- Five-year statute of limitations for injury claims, RSMo 516.120
Missouri requires workers' compensation at five employees, but a construction business needs it from the first hire, and relatives on the payroll count toward the total. There is no state fund; NCCI files loss costs, and a residual market plan takes employers the voluntary market turns down. Two features of Missouri tort law matter to liability buyers: a five-year window to sue for injuries, longer than in most states, and pure comparative fault.
Workers' compensation requirements
An employer must have "five or more employees to be deemed an employer," except that "construction industry employers who erect, demolish, alter or repair improvements" are covered with one or more. An employee who is a family member "within the third degree of affinity or consanguinity" counts toward the total (RSMo 287.030). The Division of Workers' Compensation states the rule the same way and warns that exempt employers who go without coverage "remain exposed to civil lawsuits" from injured employees (DWC).
The division's summary of who is covered: "Sole proprietors and partners are not themselves covered unless they elect to be covered; close family member-employees and members of a limited liability company are presumed to be covered unless they opt out." A corporation whose only employees are no more than two owners can withdraw from the act by filing notice with the division (287.090.5). Farm labor, domestic servants in a private home, qualified real estate agents and direct sellers, and unpaid volunteers of 501(c)(3) organizations are exempt. See can owners and officers exclude themselves from workers' comp?.
| Rule | Missouri |
|---|---|
| Who must carry it | 5+ employees, counting family members |
| Construction | 1+ employee; general contractor is the statutory employer of subs' workers |
| Exempt employment | Farm labor, domestic servants, real estate agents and direct sellers, unpaid nonprofit volunteers |
| Owner opt-outs | Sole proprietors and partners out unless they elect in; LLC members may opt out; 2-owner corporations may withdraw |
| Penalty | Class A misdemeanor plus up to 3x annual premium or $50,000 |
| State fund | None; residual market plan since 1994 |
Missouri's statutory employer rule reaches up the contracting chain. A business that has work done under contract on its premises in the usual course of its business is liable as an employer to the contractor's injured workers, and on construction jobs the principal contractor is "deemed to be the employer" of its subcontractors' employees on the site. The immediate employer is primarily liable, and an upstream party that pays can recover from it (287.040). Collect a certificate of insurance from every sub and check coverage with the division's verification tool. Providing an invalid certificate is itself a class E felony (287.128.5).
An employer that "knowingly fails to insure" commits a class A misdemeanor and owes the state a penalty of up to three times the annual premium it would have paid or up to $50,000, whichever is greater. A second offense is a class E felony (287.128.7).
There is no state fund. Since January 1, 1994, every insurer writing comp in Missouri has participated in a residual market plan for employers "unable to procure such insurance through ordinary methods" (287.896). For 2027 the division has set its surcharges at a 1.5% administrative tax, a 1.5% administrative surcharge and a 3.0% Second Injury Fund surcharge (DWC notices); they show up on the premium bill. See workers' compensation insurance: how it works and assigned risk and residual markets for workers' comp.
Disability and paid leave mandates
Missouri has no state disability insurance program and no paid family and medical leave program. Employers that offer short-term disability or paid leave do so voluntarily. For employees in mandate states, see state disability and paid family leave programs: every mandate in 2026.
Commercial auto requirements
A Missouri owner's policy must cover each vehicle for at least $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people in one accident and $25,000 for property damage (RSMo 303.190). Those limits are a legal floor; contracts and lenders usually ask for $1 million combined single limit on business vehicles. Interstate for-hire carriers need at least $750,000 under federal rules; see FMCSA insurance requirements and filings for motor carriers and commercial auto insurance: what it covers and what it leaves out.
The business insurance market in Missouri
Severe convective storms drive Missouri property losses. FEMA has declared a run of major disasters for storms, tornadoes and flooding, including events that began May 19, 2024 (DR-4803), March 14, 2025, when the declaration also covered wildfires (DR-4867), May 16, 2025 (DR-4877) and June 4, 2026 (DR-4929). Expect wind and hail deductibles on commercial property in much of the state; see severe convective storms: hail, tornadoes and rising insured losses. Flood is excluded from standard property forms, and NFIP commercial limits top out at $500,000 for the building and $500,000 for contents, with the program authorized only through December 11, 2026 (FEMA).
The Missouri Basic Property Insurance Inspection and Placement Program, created in 1969, makes basic property insurance available to owners "unable to procure such coverage through ordinary methods" (RSMo 379.810); see FAIR Plans and residual markets for commercial property. Surplus lines brokers pay a 5% tax on net premium before April 16 each year and may pass it to the insured (RSMo 384.059); see surplus lines taxes, stamping fees and diligent search.
Liability law that affects premiums
Missouri adopted pure comparative fault by court decision in Gustafson v. Benda (1983): a plaintiff's recovery is reduced by his own share of fault but never barred. Joint and several liability is limited. A defendant 51% or more at fault is jointly and severally liable for the judgment; one below 51% pays only its own percentage, unless the other defendant was its employee, and punitive damages are always several (RSMo 537.067).
The statutes of limitations are long. Injury and property damage claims, and most contract claims, have five years (516.120); an action on a writing for the payment of money or property has ten (516.110). That longer tail is one reason claims stay open longer on occurrence policies; keep old policies and certificates.
Insurers based in Missouri
- Shelter Insurance is a mutual headquartered in Columbia; its group wrote $680.0 million in commercial lines in 2025 by NAIC data, mostly for small businesses, landlords and farms served by its own agents.
Where to get help
- Department of Commerce and Insurance (insurance.mo.gov): Insurance Consumer Hotline 800-726-7390. File a complaint against an insurer or agent online through the department's consumer complaint page.
- Division of Workers' Compensation (labor.mo.gov/DWC): 573-751-4231 or toll free 800-775-2667, for coverage verification, exemptions, fraud and noncompliance complaints and claim disputes.
Confirm your obligations with the division or a licensed broker, and compare states with the workers' comp and benefits requirements by state.
Sources
- labor.mo.gov/DWC/Employers
- labor.mo.gov/DWC
- labor.mo.gov/dwc/notices
- revisor.mo.gov/main/OneSection.aspx?section=287.030
- revisor.mo.gov/main/OneSection.aspx?section=287.020
- revisor.mo.gov/main/OneSection.aspx?section=287.040
- revisor.mo.gov/main/OneSection.aspx?section=287.090
- revisor.mo.gov/main/OneSection.aspx?section=287.128
- revisor.mo.gov/main/OneSection.aspx?section=287.896
- revisor.mo.gov/main/OneSection.aspx?section=303.190
- revisor.mo.gov/main/OneSection.aspx?section=537.067
- revisor.mo.gov/main/OneSection.aspx?section=516.120
- revisor.mo.gov/main/OneSection.aspx?section=516.110
- revisor.mo.gov/main/OneSection.aspx?section=384.059
- revisor.mo.gov/main/OneSection.aspx?section=379.810
- insurance.mo.gov/
- fema.gov/disaster/4803
- fema.gov/disaster/4867
- fema.gov/disaster/4877
- fema.gov/disaster/4929
- floodsmart.gov/get-insured/buy-a-policy
- fema.gov/flood-insurance/rules-legislation/congressional-reauthorization
- shelterinsurance.com/
Requirements were checked against these sources on the review date below. Laws and thresholds change - confirm with the state workers' compensation agency or insurance department.
Profile last reviewed October 10, 2026