Missouri Revised Statutes

Mo. Rev. Stat. § 287.090 (2026)

Exempt employers and occupations

✓ current as of May 2026

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287.090. Exempt employers and occupations — election to accept — withdrawal — notification required of insurance companies. — 1. This chapter shall not apply to:

(1) Employment of farm labor, domestic servants in a private home, including family chauffeurs, or occasional labor performed for and related to a private household;

(2) Qualified real estate agents and direct sellers as those terms are defined in Section 3508 of Title 26 United States Code;

(3) Employment where the person employed is an inmate confined in a state prison, penitentiary or county or municipal jail, or a patient or resident in a state mental health facility, and the labor or services of such inmate, patient, or resident are exclusively on behalf of the state, county or municipality having custody of said inmate, patient, or resident. Nothing in this subdivision is intended to exempt employment where the inmate, patient or resident was hired by a state, county or municipal government agency after direct competition with persons who are not inmates, patients or residents and the compensation for the position of employment is not contingent upon or affected by the worker's status as an inmate, patient or resident;

(4) Except as provided in section 287.243, volunteers of a tax-exempt organization which operates under the standards of Section 501(c)(3) or Section 501(c)(19) of the federal Internal Revenue Code, where such volunteers are not paid wages, but provide services purely on a charitable and voluntary basis;

(5) Persons providing services as adjudicators, sports officials, or contest workers for interscholastic activities programs or similar amateur youth programs who are not otherwise employed by the sponsoring school, association of schools or nonprofit tax-exempt organization sponsoring the amateur youth programs.

2. Any employer exempted from this chapter as to the employer or as to any class of employees of the employer pursuant to the provisions of subdivision (3) of subsection 1 of section 287.030 or pursuant to subsection 1 of this section may elect coverage as to the employer or as to the class of employees of that employer pursuant to this chapter by purchasing and accepting a valid workers' compensation insurance policy or endorsement, or by written notice to the group self-insurer of which the employer is a member. The election shall take effect on the effective date of the workers' compensation insurance policy or endorsement, or by written notice to the group self-insurer of which the employer is a member, and continue while such policy or endorsement remains in effect or until further written notice to the group self-insurer of which the employer is a member. Any such exempt employer or employer with an exempt class of employees may withdraw such election by the cancellation or nonrenewal of the workers' compensation insurance policy or endorsement, or by written notice to the group self-insurer of which the employer is a member. In the event the employer is electing out of coverage as to the employer, the cancellation shall take effect on the later date of the cancellation of the policy or the filing of notice pursuant to subsection 3 of this section.

3. Any insurance company authorized to write insurance under the provisions of this chapter in this state shall file with the division a memorandum on a form prescribed by the division of any workers' compensation policy issued to any employer and of any renewal or cancellation thereof.

4. The mandatory coverage sections of this chapter shall not apply to the employment of any member of a family owning a family farm corporation as defined in section 350.010 or to the employment of any salaried officer of a family farm corporation organized pursuant to the laws of this state, but such family members and officers of such family farm corporations may be covered under a policy of workers' compensation insurance if approved by a resolution of the board of directors. Nothing in this subsection shall be construed to apply to any other type of corporation other than a family farm corporation.

5. A corporation may withdraw from the provisions of this chapter, when there are no more than two owners of the corporation who are also the only employees of the corporation, by filing with the division notice of election to be withdrawn. The election shall take effect and continue from the date of filing with the division by the corporation of the notice of withdrawal from liability under this chapter. Any corporation making such an election may withdraw its election by filing with the division a notice to withdraw the election, which shall take effect thirty days after the date of the filing, or at such later date as may be specified in the notice of withdrawal.

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(RSMo 1939 § 3693, A.L. 1957 p. 579, A.L. 1965 p. 397, A.L. 1971 S.B. 163, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1987 S.B. 261, A.L. 1988 H.B. 1073, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2009 H.B. 580, A.L. 2016 S.B. 700)

Prior revision: 1929 § 3303

(1998) Statute does not require that insurer file as a prerequisite to cancellation of a policy. Simpson v. Dale E. Saunchegrow Const., 965 S.W.2d 899 (Mo.App. S.D.).

Notes of Decisions

Cited in 41 cases, 1954–2016 · leading case: Curt Peters & Cheri Peters v. Wady Indus., Inc., & Patrick Terrio, 489 S.W.3d 784 (Mo. 2016).

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Curt Peters & Cheri Peters v. Wady Indus., Inc., & Patrick Terrio, 489 S.W.3d 784 (Mo. 2016). · cites it 4× “Peters sustained his injuries, the plain language of the exclusivity provisions did not preclude subsection 2 of section 287.090, except that construction industry employers who erect, demolish, alter or repair improvements shall be deemed an employer for the purposes of this…”

Hogue v. Wurdack, 298 S.W.2d 492 (Mo. Ct. App. 1957). · cites it 22× “the only case cited by claimant on the issue under discussion, the court thought that “there is substantial evidence to give rise to the inference that all formalities necessary for compliance with Section 3693, RSMo 1939 [now Section 287.090] were complied with, including the…”

Scott v. Edwards Transp. Co., 807 S.W.2d 75 (Mo. 1991). · cites it 14× “(3) Any of the above defined employers must have five or more employees to be deemed an employer for the purposes of this chapter unless election is made to become subject to the provisions of this chapter as provided in subsection 2 of section 287.090.... Certain employments…”

Miller v. Mun. Theatre Ass'n of St. Louis, 540 S.W.2d 899 (Mo. Ct. App. 1976). · cites it 8× “The election afforded the employer under § 287.090 RSMo 1969, as amended Laws 1971, p.”

Blew v. Conner, 310 S.W.2d 294 (Mo. Ct. App. 1958). · cites it 6× “050 by reason of the provisions of Section 287.090, and that they all be employed by the same employer.”

Bethel v. Sunlight Janitor Serv., 551 S.W.2d 616 (Mo. 1977). · cites it 2× “” Section 287.090, subsec. 4. 4 . In doing so we necessarily reject the “hazard of occupation” test urged by the appellant and adhere, for present purposes, to an “employer-employee” relationship test.”

Blew v. Conner, 328 S.W.2d 626 (Mo. 1959). · cites it 4× “050 by reason of the provisions of Section 287.090, and that they all be employed by the same employer.”

McCaleb v. Greer, 267 S.W.2d 54 (Mo. Ct. App. 1954). · cites it 6× “In this application for review the insurer stated “that the award is not according to the law and the evidence as set forth in Section 287.090 R. S. Mo. 1949 and no election had been filed at time of accident regarding farm operations”.”

Chouteau v. Netco Constr., 132 S.W.3d 328 (Mo. Ct. App. 2004). · cites it 2× “Having once elected to bring himself under the provisions of the workers’ compensation act, a sole proprietor must follow the provisions of section 287.090 to properly withdraw his election.”

Davidson v. Custodian of Second Injury Fund, 327 S.W.3d 583 (Mo. Ct. App. 2010). · cites it 4× “(3) Any of the above-defined employers must have five or more employees to be deemed an employer for the purposes of this chapter unless election is made to become subject to the provisions of this chapter as provided in subsection 2 of section 287.090, except that construction…”

Nabors v. United Realty Co., 298 S.W.2d 474 (Mo. Ct. App. 1957). · cites it 4× “] Consequently, in view of the great weight accorded the factor of actual exercise of control, coupled with the fact that the company president supplied the tools and appliances necessary in the performance of the work, we have concluded that the commission properly ruled that…”

Parrott v. HQ, INC., 907 S.W.2d 236 (Mo. Ct. App. 1995). · cites it 2× “060, RSMo 1949, 6 and § 287.090(2), RSMo 1949, 7 prescribed a method whereby the Act might be accepted or rejected in some instances.”

Show all 41 citing cases →

— Mo. Rev. Stat. § 287.090(1) — 1 case

Massey v. Spasser, 318 S.W.3d 737 (Mo. Ct. App. 2010).

— Mo. Rev. Stat. § 287.090(2) — 5 cases

Hogue v. Wurdack, 298 S.W.2d 492 (Mo. Ct. App. 1957). “the only case cited by claimant on the issue under discussion, the court thought that “there is substantial evidence to give rise to the inference that all formalities necessary for compliance with Section 3693, RSMo 1939 [now Section 287.090] were complied with, including the…”

Parrott v. HQ, INC., 907 S.W.2d 236 (Mo. Ct. App. 1995). “060, RSMo 1949, 6 and § 287.090(2), RSMo 1949, 7 prescribed a method whereby the Act might be accepted or rejected in some instances.”

Blew v. Conner, 310 S.W.2d 294 (Mo. Ct. App. 1958). “050 by reason of the provisions of Section 287.090, and that they all be employed by the same employer.”

Miller v. Mun. Theatre Ass'n of St. Louis, 540 S.W.2d 899 (Mo. Ct. App. 1976). “The election afforded the employer under § 287.090 RSMo 1969, as amended Laws 1971, p.”

Stowe v. Kingdom House, 111 S.W.3d 463 (Mo. Ct. App. 2003).

— Mo. Rev. Stat. § 287.090(3) — 1 case

Blew v. Conner, 310 S.W.2d 294 (Mo. Ct. App. 1958). “050 by reason of the provisions of Section 287.090, and that they all be employed by the same employer.”

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