A Missouri workers comp exemption lets certain business owners legally go without workers’ compensation coverage on themselves — Sole proprietors and partners are not required to cover themselves but may choose to (RSMo 287.035). LLC members may each reject coverage (RSMo 287.037). S-corporation shareholders with 40 percent or more ownership may each reject coverage (RSMo 287.037, effective January 1, 2015).
A corporation with no more than 2 owners, who are also its only employees, may withdraw from Chapter 287 entirely (RSMo 287.090.5).
Other corporate officers count as employees and must be covered. — while the law still requires coverage for employees once a business has 5 (non-construction employers must carry coverage at 5 or more employees); 1 for construction-industry employers that build, demolish, alter or repair improvements (RSMo 287.030) or more.
This guide explains who qualifies for the Missouri workers comp exemption, the exact form, where to file it, what it costs, and what an exempt owner gives up. Verified against Missouri sources as of October 2026.
Missouri at a Glance
| Coverage required at | 5 (non-construction employers must carry coverage at 5 or more employees); 1 for construction-industry employers that build, demolish, alter or repair improvements (RSMo 287.030) employee(s) |
| Who may elect out | Sole proprietors and partners are not required to cover themselves but may choose to (RSMo 287.035). LLC members may each reject coverage (RSMo 287.037). S-corporation shareholders with 40 percent or more ownership may each reject coverage (RSMo 287.037, effective January 1, 2015). A corporation with no more than 2 owners, who are also its only employees, may withdraw from Chapter 287 entirely (RSMo 287.090.5). Other corporate officers count as employees and must be covered. |
| Filed with | Two-owner corporation withdrawal: Missouri Division of Workers’ Compensation, P.O. Box 58, Jefferson City, MO 65102, ATTN: Legal Unit (8 CSR 50-2.020; Division phone 800-775-2667). LLC and S-corporation rejections: given to the business and its insurer, not the Division. WC-134: filed with the city or county licensing office (form at https://labor.mo.gov/media/21716/download). Religious exception: filed with the Division (https://labor.mo.gov/dwc/units/legal-unit/religious-exception-program). No online portal for exemption filing was verified. |
| Renewal | The two-owner corporate withdrawal takes effect on the filing date and continues from then (RSMo 287.090.5). No renewal requirement was found. LLC and S-corporation rejections stay in effect until the owner gives the business and its insurer a written rescission notice (RSMo 287.037). A religious exception lasts until the employee rescinds it or the sect stops qualifying (RSMo 287.804). No periodic renewal was verified. |
| Penalty for being uninsured | Under RSMo 287.128, an employer who knowingly fails to insure commits a class A misdemeanor. It is also liable to the state for up to 3 times the annual premium it would have paid, or up to 50000, whichever is greater. A later violation is a class E felony. Fraudulent statements on the WC-134 are punishable by up to 1 year in jail and a 10000 fine for a first offence (RSMo 287.128 and 287.061). |
In This Missouri Guide:
Who Qualifies for A Missouri Workers Comp Exemption
Sole proprietors and partners are not required to cover themselves but may choose to (RSMo 287.035). LLC members may each reject coverage (RSMo 287.037). S-corporation shareholders with 40 percent or more ownership may each reject coverage (RSMo 287.037, effective January 1, 2015). A corporation with no more than 2 owners, who are also its only employees, may withdraw from Chapter 287 entirely (RSMo 287.090.5).
Other corporate officers count as employees and must be covered.
Corporate officers are employees by default and there is no general officer-exclusion election.
The exceptions are: (1) RSMo 287.090.5, under which a corporation with no more than 2 owners who are also its only employees may withdraw by filing a notice of election to be withdrawn with the Division of Workers’ Compensation, effective from the filing date; and (2) RSMo 287.037,
under which an S-corporation shareholder owning at least 40 percent may reject coverage by written notice to the S corporation and its insurer.
LLC members are covered unless a member individually rejects coverage by written notice, on a form developed by the Department of Commerce and Insurance, given to the LLC and its insurer (RSMo 287.037). Failing to notify the LLC does not make the rejection ineffective. Partners and sole proprietors are not covered unless they individually elect to buy coverage for themselves (RSMo 287.035).
How to File the Missouri Workers Comp Exemption
Missouri does not use a separate state form; the election is made with the insurer on the policy. It is filed with Two-owner corporation withdrawal: Missouri Division of Workers’ Compensation, P.O. Box 58, Jefferson City, MO 65102, ATTN: Legal Unit (8 CSR 50-2.020; Division phone 800-775-2667). LLC and S-corporation rejections: given to the business and its insurer, not the Division.
WC-134: filed with the city or county licensing office (form at https://labor.mo.gov/media/21716/download). Religious exception: filed with the Division (https://labor.mo.gov/dwc/units/legal-unit/religious-exception-program). No online portal for exemption filing was verified.. Renewal: The two-owner corporate withdrawal takes effect on the filing date and continues from then (RSMo 287.090.5). No renewal requirement was found.
LLC and S-corporation rejections stay in effect until the owner gives the business and its insurer a written rescission notice (RSMo 287.037). A religious exception lasts until the employee rescinds it or the sect stops qualifying (RSMo 287.804). No periodic renewal was verified.. Filing on the state’s own site costs nothing beyond any statutory fee — the “exemption filing services” that advertise on this search charge for the same form.
Missouri Workers Comp Exemption Rules at a Glance
The exact Missouri workers comp exemption rules every owner should check before deciding to go without coverage:
| Employee threshold | 5 (non-construction employers must carry coverage at 5 or more employees); 1 for construction-industry employers that build, demolish, alter or repair improvements (RSMo 287.030) |
| Who may elect out | Sole proprietors and partners are not required to cover themselves but may choose to (RSMo 287.035). LLC members may each reject coverage (RSMo 287.037). S-corporation shareholders with 40 percent or more ownership may each reject coverage (RSMo 287.037, effective January 1, 2015). A corporation with no more than 2 owners, who are also its only employees, may withdraw from Chapter 287 entirely (RSMo 287.090.5). Other corporate officers count as employees and must be covered. |
| Corporate officers | Corporate officers are employees by default and there is no general officer-exclusion election. The exceptions are: (1) RSMo 287.090.5, under which a corporation with no more than 2 owners who are also its only employees may withdraw by filing a notice of election to be withdrawn with the Division of Workers’ Compensation, effective from the filing date; and (2) RSMo 287.037, under which an S-corporation shareholder owning at least 40 percent may reject coverage by written notice to the S corporation and its insurer. |
| LLC members and partners | LLC members are covered unless a member individually rejects coverage by written notice, on a form developed by the Department of Commerce and Insurance, given to the LLC and its insurer (RSMo 287.037). Failing to notify the LLC does not make the rejection ineffective. Partners and sole proprietors are not covered unless they individually elect to buy coverage for themselves (RSMo 287.035). |
| Workers exempt by law | RSMo 287.090 excludes farm labor; domestic servants in a private home, including family chauffeurs; occasional labor for a private household; and qualified real estate agents and direct sellers as defined in 26 U.S.C. 3508. Employers below the threshold (fewer than 5 employees, or 0 employees in construction) are not required to carry coverage. Independent contractors are not employees. Members of a recognized religious sect may get a religious exception under RSMo 287.803/287.804; this requires Forms WC-138, WC-138-3 and WC-138-5 plus an approved IRS Form 4029. |
| Where to file | Two-owner corporation withdrawal: Missouri Division of Workers’ Compensation, P.O. Box 58, Jefferson City, MO 65102, ATTN: Legal Unit (8 CSR 50-2.020; Division phone 800-775-2667). LLC and S-corporation rejections: given to the business and its insurer, not the Division. WC-134: filed with the city or county licensing office (form at https://labor.mo.gov/media/21716/download). Religious exception: filed with the Division (https://labor.mo.gov/dwc/units/legal-unit/religious-exception-program). No online portal for exemption filing was verified. |
| Renewal | The two-owner corporate withdrawal takes effect on the filing date and continues from then (RSMo 287.090.5). No renewal requirement was found. LLC and S-corporation rejections stay in effect until the owner gives the business and its insurer a written rescission notice (RSMo 287.037). A religious exception lasts until the employee rescinds it or the sect stops qualifying (RSMo 287.804). No periodic renewal was verified. |
| Proof of exemption or coverage | To show coverage: a certificate of insurance from the insurer, plus the Division’s “Are You Covered?” lookup (https://labor.mo.gov/DWC/are-you-covered; tool at https://apps.labor.mo.gov/DWC/tool/wc_cov_ver.asp) and the self-insured lookup (https://laborwebapps.mo.gov/dwc/self-insured-verification). To show exemption: Form WC-134 for licensing; otherwise the filed corporate withdrawal notice or a copy of the LLC or S-corporation rejection. A general contractor may still require proof of coverage as a contract condition, even when the law does not require it. |
What A Missouri Workers Comp Exemption Gives Up
An exempt owner who is hurt on the job in Missouri has no workers’ comp claim: no medical coverage from the policy, no wage replacement and no disability award. Health insurance may exclude work injuries. Most owners who physically work the job keep themselves covered for that reason.
One honest paragraph on the “ghost policy”: a minimum-premium policy with no employees sold to owners who need a certificate of insurance. It is legal in many states, but it is not a Missouri workers comp exemption — it is coverage with nobody on it. If you add a worker, it must be reported, or the audit will find them.
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
Workers Exempt by Law in Missouri
RSMo 287.090 excludes farm labor; domestic servants in a private home, including family chauffeurs; occasional labor for a private household; and qualified real estate agents and direct sellers as defined in 26 U.S.C. 3508. Employers below the threshold (fewer than 5 employees, or 0 employees in construction) are not required to carry coverage. Independent contractors are not employees.
Members of a recognized religious sect may get a religious exception under RSMo 287.803/287.804; this requires Forms WC-138, WC-138-3 and WC-138-5 plus an approved IRS Form 4029.
Proving A Missouri Workers Comp Exemption or Coverage
To show coverage: a certificate of insurance from the insurer, plus the Division’s “Are You Covered?” lookup (https://labor.mo.gov/DWC/are-you-covered; tool at https://apps.labor.mo.gov/DWC/tool/wc_cov_ver.asp) and the self-insured lookup (https://laborwebapps.mo.gov/dwc/self-insured-verification). To show exemption: Form WC-134 for licensing; otherwise the filed corporate withdrawal notice or a copy of the LLC or S-corporation rejection. A general contractor may still require proof of coverage as a contract condition, even when the law does not require it.
Why the Missouri Workers Comp Exemption Matters
The Missouri workers comp exemption is a trade: lower cost today against no safety net if you are hurt. The second half of the trade is the one the search results never lead with. The construction threshold of 1 employee is unusually strict. A two-owner corporation can withdraw from Chapter 287 entirely, not just exclude officers. S-corporation shareholders need at least 40 percent ownership to reject coverage.
Construction contractors use the WC-134 affidavit for city or county licences (RSMo 287.061). A religious-sect exception is available under RSMo 287.803/287.804. Confirm details with the Division and a licensed attorney. If the Missouri workers comp exemption rules above leave any doubt about whether a worker counts, ask the state agency before you decide — the answer is free, and the penalty for guessing wrong is not.
Employer side: the Missouri requirements guide covers the threshold, who counts and the penalties in full. Hurt while exempt? You may still have a claim against a third party — a licensed attorney can say.
Frequently Asked Questions
Who can file a workers comp exemption in Missouri?
Sole proprietors and partners are not required to cover themselves but may choose to (RSMo 287.035). LLC members may each reject coverage (RSMo 287.037). S-corporation shareholders with 40 percent or more ownership may each reject coverage (RSMo 287.037, effective January 1, 2015). A corporation with no more than 2 owners, who are also its only employees, may withdraw from Chapter 287 entirely (RSMo 287.090.5).
Other corporate officers count as employees and must be covered.
What form is the Missouri workers comp exemption?
The election is made on the policy or with the agency — see the table. File it on the state’s own site; filing services charge for the same form.
Can an exempt owner in Missouri still collect benefits if hurt?
No. An exemption removes the owner from coverage, so there is no claim for medical care or lost wages. That is the trade.
Official Missouri Sources & Resources
- Missouri Missouri Department of Labor and Industrial Relations, Division of Workers’ Compensation. Appeals go to the Labor and Industrial Relations Commission.: https://labor.mo.gov/dwc
- Missouri Workers’ Comp Statute: https://revisor.mo.gov/main/OneSection.aspx?section=287.090
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Missouri workers comp exemption guide was last verified against official Missouri sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
You May Also Like
More Missouri Workers’ Comp Guides
- How to File a Missouri Workers’ Comp Claim
- Missouri Workers’ Comp Settlements
- Missouri Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.