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Lucy, Esq.
Lucy, Esq., Lawyer
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Experience:  Former judicial law clerk, lawyer
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What is Missouri state and Federal law requirement on office

Resolved Question:

What is Missouri state and Federal law requirement on office environment where staff works 8 hours/day in front of computer. Any law requires that company needs
1) to give x number of time/min for mandatory paid breaks;
2) what grade of chair to sit in;
3) if the staff claims back pain because of sitting in a chair with "not enough cushion"?
4) under what circumstance, an employee may file suit for carbon tunnel or back injury due to what type poor condition that company causes?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

1. There is no federal or Missouri state law that requires either of those things. The only requirement is that, if an employer chooses to give unpaid lunch breaks, the employee must be 100% relieved of work obligations during the break period.

2. There are no laws that regulate what chairs an employer must provide. However, see #3-4.

3. If an employee has a note from a doctor stating that the employee suffers from a medical condition involving back pain and that an additional cushion would ease the strain and allow the employee to continue working, then the Americans with Disabilities Act would require the employer to provide it. Giving an additional chair cushion (or even buying a new chair, if necessary) is considered a reasonable accommodation under the ADA.

4. If an employee has documentation that he is suffering from carpal tunnel and or a disabling back condition as a result of his employment, the employee may file a claim under state workers compensation statutes. An employer is required to pay for treatment and any lost wages if an employee is unable to work due to work-related injuries. The employer may require that the employee provide documentation of the injuries.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

#4 - (1) at what point that an employer is required to pay for treatment and any lost wages. Is it after state worker's comp claim is accepted?

(2) I called our insurance carrier. I was told MO has tight up work's comp coverage and deny long term injuries such as carbon tunnel or back pain due to long period of working in that company.

(3) if company has to pay for such, how long does the company cover the treatment and loss of wages?

Expert:  Lucy, Esq. replied 1 year ago.
1. If the claim is accepted, then the payments should date back to when the injury occurred, as long as the injury was reported within a timely manner.

2. Missouri Revised Statutes, Section 287-067(3) specifically defines a repetitive stress injury as an occupational disease. If you scroll down to subsection (7), it says that occupational diseases are covered. I'm not sure what they mean by "tightened up," because the law clearly allows for coverage.

3. Until the employee is recovered and able to return to work.
Customer: replied 1 year ago.

1) #2 is this an updated clause? I hear different version b/w you and our insurance agent.


 


2) "An employer is required to pay for treatment and any lost wages if an employee is unable to work due to work-related injuries." - is this paid through worker's comp or by company?


 


 

Expert:  Lucy, Esq. replied 1 year ago.
1. I am citing directly from the statute published on the state of Missouri's website, dated August 28, 2012. That is the current law.

2. If they have insurance like they're supposed to, the insurance company pays. The employer pays the premiums, so they're essentially still paying the wages. If they don't have insurance, then the law allows the employee to sue and the employer has to pay.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 21036
Experience: Former judicial law clerk, lawyer
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Lucy, Esq.
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Former judicial law clerk, lawyer