If your employer won’t file your claim, don’t wait—you can take legal action to ensure you receive the benefits you’re entitled to.
In Missouri, workers’ compensation laws are designed to protect injured employees by covering medical expenses, lost wages, and disability benefits. However, some employers illegally refuse to file claims to avoid increased insurance costs or legal liability.
If your employer won’t file your workers’ compensation claim, you still have legal options to protect your rights and obtain the benefits you deserve. This guide covers why employers refuse to file claims, your legal rights, and how to take action.
Is Your Employer Legally Required to File a Workers’ Compensation Claim?
Yes. Under Missouri workers’ compensation law (RSMo § 287.380), an employer is required to report workplace injuries to their workers’ compensation insurance carrier if the injury results in:
- Medical treatment beyond basic first aid
- Time off work (more than three missed days)
- Permanent disability or impairment
Additionally, employers must file a First Report of Injury (FROI) with the Missouri Division of Workers’ Compensation within 30 days of learning about the injury. If your employer fails to do this, they are violating Missouri law.
Why Would an Employer Refuse to File a Workers’ Compensation Claim?
Some employers intentionally avoid filing claims to protect their bottom line. Common reasons include:
1. They Don’t Have Workers’ Compensation Insurance
- Missouri law requires most businesses with five or more employees to carry workers’ comp insurance. In the construction industry, any company with one or more employees must have coverage (Missouri Division of Workers’ Compensation).
- If your employer lacks coverage, they may illegally hide injuries instead of facing fines and penalties.
2. They’re Trying to Avoid Increased Insurance Premiums
- Employers pay workers’ comp insurance premiums; frequent claims can raise costs.
- Some businesses discourage claims or pressure workers to use personal health insurance instead, which is illegal.
3. They Claim the Injury Didn’t Happen at Work
- Employers sometimes wrongly deny liability, arguing that the injury was pre-existing or occurred outside of work.
- However, under Missouri law, as long as your injury arose from your job duties, you are entitled to compensation (RSMo § 287.020).
4. They’re Misclassifying You as an Independent Contractor
- Some companies misclassify employees as independent contractors to avoid providing workers’ compensation coverage.
- However, job duties—not job titles—determine whether you are an employee (Missouri Workers’ Compensation Act).
5. They Hope You’ll Drop the Claim
- Some employers delay or ignore claims, hoping workers will miss the filing deadline or give up.
- However, you have the right to file a claim yourself.
What to Do If Your Employer Refuses to File Your Workers’ Comp Claim
If your employer won’t file your claim, don’t panic. You have legal options to ensure your claim gets processed.
1. Report the Injury in Writing (If You Haven’t Already)
Missouri law requires workers to report an injury within 30 days (RSMo § 287.420).
- Provide a written notice (email, letter, or injury report form) stating:
- Date, time, and location of injury
- How the injury happened
- Medical symptoms and treatment received
- Keep a copy of the report for your records.
2. File a Claim Directly With the Missouri Division of Workers’ Compensation
If your employer refuses to file your claim, you can file it yourself.
How to File a Workers’ Comp Claim on Your Own in Missouri:
- Complete the Claim for Compensation Form
- Submit it to the Missouri Division of Workers’ Compensation:
- Email: [email protected]
- Mail:
Missouri Division of Workers’ Compensation
P.O. Box 58, Jefferson City, MO 65102-0058 - Phone: (573) 751-4231
Once filed, the Division of Workers’ Compensation will notify your employer and their insurance company.
3. Seek Medical Treatment
If your employer refuses to authorize treatment, visit a doctor alone.
- In Missouri, employers typically choose the doctor for work-related injuries, but if they refuse to file your claim, you may need to pay upfront and seek reimbursement later.
- If your claim is approved, your employer or insurer must reimburse you for medical expenses.
4. Gather Evidence to Support Your Claim
- Keep copies of medical records, employer communications, and injury reports.
- If possible, get witness statements from coworkers who saw the injury occur.
5. Contact a Missouri Workers’ Compensation Attorney
If your employer refuses to file your claim, delays medical care, or retaliates against you, hiring an experienced workers’ compensation lawyer can help you:
- Ensure your claim is filed correctly
- Fight denied claims and employer disputes
- Recover lost wages and medical costs
What If My Employer Retaliates Against Me for Filing a Claim?
It is illegal for an employer to fire, demote, or punish a worker for filing a workers’ compensation claim (RSMo § 287.780).
Examples of Employer Retaliation:
- Firing or laying off an injured worker
- Cutting hours or wages after a claim is filed
- Harassing or threatening a wounded worker
- Refusing to provide reasonable work accommodations
If you experience retaliation, you may have grounds to file a wrongful termination lawsuit.
You Have the Right to File a Workers’ Comp Claim
If your employer won’t file your workers’ comp claim, don’t wait—you can take legal action to ensure you receive the benefits you’re entitled to.
Contact The Law Office of James M. Hoffmann Today
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