If you employ people in Missouri, whether you need workers comp depends on how many you have and what kind of work you do. Missouri requires coverage once you have five or more employees for most businesses, but just one employee if your business is in construction. Full-time and part-time workers both count, and there is no waiting period once you cross the line.
Who this is for: Any Missouri employer trying to work out whether the five-employee rule, or the one-employee construction rule, applies to them and who actually counts as an employee.
The short version
- Most Missouri employers need coverage at five or more employees.
- Construction is different: coverage is required from the very first employee.
- Full-time, part-time, and seasonal workers all count toward the five; there is no hours floor.
- Corporate officers and LLC members count toward the five; sole proprietors and partners do not.
- A genuine independent contractor does not count, but Missouri decides that with a control test, not the label on the invoice.
Who counts toward the five
The whole question turns on who meets Missouri's definition of an employee. The state counts almost everyone you pay to do your regular work, and the surprises usually cut against the owner, not for them.
| Worker type | Counts toward the five? | Notes |
|---|---|---|
| Full-time employee | Yes | Counts like any other worker |
| Part-time or seasonal worker | Yes | No hours floor; a part-timer counts as one |
| Paid family member | Yes | Counts if paid and doing your regular work, outside of farming |
| Corporate officer | Yes | Officers are employees by law and count automatically |
| LLC member | Yes | Counts unless the member files a written rejection |
| Sole proprietor or partner | No | Outside the count unless they opt in |
| A genuine independent contractor | No | Only if they pass Missouri's right-of-control test |
The construction exception
If your business erects, demolishes, alters, or repairs buildings or other improvements, the five-employee rule does not apply to you. Construction employers need coverage from the very first employee. Missouri watches this sector closely, and it ties enforcement to your license: a city or county that issues a contractor a business license must first see proof of workers comp coverage or a signed affidavit that the contractor is exempt. So in construction, one employee means you must carry a policy, full stop.
The narrow exemptions
Missouri leaves out a short list of situations, and most owners do not fall into any of them. Farm labor is exempt. A domestic servant in a private home, such as a family chauffeur, is left out, as is occasional work around a private household. Qualified real estate agents and certain direct sellers are treated as exempt. So are inmates and patients doing work for the facility that houses them, unpaid volunteers of certain charitable and veterans' organizations, and some youth-sports officials. If none of these describe you, assume the five-employee rule, or the one-employee construction rule, applies.
A Springfield example
Illustrative, not a quote. A Springfield restaurant owner runs a cafe with four part-time servers and assumes she is under the limit. Then she hires a fifth. At five employees, Missouri requires her to carry workers comp, and part-timers count just like full-timers, so the fifth hire crosses the line even though no one works full-time. She puts a policy in place, and when a server burns a hand on the grill, comp pays the medical bills and part of the lost wages instead of the injury coming out of her pocket. We make sure her restaurant payroll is rated on the right kind of work. See our workers comp for restaurants page.
Real questions Missouri owners ask
Is workers comp legally required for my Missouri business?
In most cases, yes, once you reach five or more employees. Construction is the exception, where coverage is required at the first employee. Full-time and part-time workers both count toward the five.
How many employees trigger workers comp in Missouri?
Five for most businesses. Construction employers need it at one or more employees. There is no higher trigger, and coverage is required as soon as you cross the line.
Do part-time or seasonal workers count in Missouri?
Yes. A part-time or seasonal worker counts toward the five just like a full-time one, because there is no hours floor. You cannot stay under the limit by keeping people part-time.
Is construction treated differently in Missouri?
Yes. Construction employers need coverage from the very first employee, not at five. The rule is reinforced at the license stage, where a city or county wants proof of coverage or an exemption affidavit before it issues a contractor license.
Do I have to cover myself as the owner in Missouri?
It depends on your business type. Sole proprietors and partners do not count and are covered only if they opt in. Corporate officers and LLC members count toward the five and are covered by default.
What if my workers are independent contractors?
A 1099 label does not settle it. Missouri uses a right-of-control test to decide who is really an employee. A worker you direct and control like an employee can count no matter what the paperwork says.
What happens if I do not carry required coverage?
Knowingly going uninsured is a class A misdemeanor, plus a civil penalty of up to three times the premium you should have paid or 50,000 dollars, whichever is greater. An injured worker can also sue you directly.
Why Missouri owners choose Morrow
- We shop the right market for you. In Missouri you buy workers' comp on the open, competitive market from any private insurer licensed in the state, because Missouri has no state fund after Missouri Employers Mutual became a fully private company in 2025, and if no private carrier will take you, the insurer-of-last-resort pool run by NCCI and serviced by Travelers is the guaranteed backstop, so we can shop your rate freely and still have a fallback for hard-to-place work.
- We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
- Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
- We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
- Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.
Related Missouri guides
Every Missouri business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.
- Business insurance in Missouri (start here)
- I own an LLC: do I need workers comp?
- I'm a sole proprietor: do I need workers comp?
- I own a corporation (C-corp or S-corp): do I need it?
- We're a partnership: do we need workers comp?
- We're a nonprofit: do we need workers comp?
- My workers are 1099: do I still need it?
- Only part-time or seasonal staff: do I need it?
- I only employ family: do I need workers comp?
- Remote or out-of-state staff: do I need coverage?
- What happens if I don't carry workers comp?
- How much does workers comp cost?
- How do I get workers comp (even if turned down)?
- What insurance do I need for a contractor license?
- Workers compensation insurance, explained
- What workers comp costs (national guide)
- Hiring your first employee: what changes
- What workers comp does not cover
- Missouri restaurant workers comp
This guide is general information, not legal advice. Missouri rules and penalty amounts can change, so verify current requirements with the Missouri Division of Workers' Compensation or a licensed advisor before you rely on them. Last updated: July 2026.