Contact us for a free consultation if your employer is delaying your workers’ compensation claim.
When you’re injured on the job in Missouri, workers’ compensation benefits are designed to provide timely medical care and financial support while you recover. Unfortunately, many injured workers face unnecessary delays from employers and insurance companies who may be trying to minimize their financial responsibility or avoid the claim altogether.
At the Law Office of James M. Hoffmann, we’ve seen these tactics firsthand—and we fight back.
4 Common Delay Tactics by Missouri Employers
At the Law Office of James M. Hoffmann, we’ve helped thousands of injured workers across Missouri recover over $100 million in compensation. In our 30+ years of experience, we’ve identified these common employer delay tactics:
1. Disputing Whether Your Injury Is Work-Related
One of the most common delay tactics is questioning whether your injury actually occurred at work or during the course of employment. Employers may claim:
- Your injury happened outside of work
- Your condition is due to a pre-existing condition
- You weren’t performing job duties when injured
What the law says: Missouri workers’ compensation law covers injuries that arise “out of and in the course of employment.” This includes injuries that occur on company property, while performing work duties, or while engaged in activities that benefit your employer.
2. Missing or Extending Reporting Deadlines
Missouri law establishes specific timelines for reporting and processing workers’ compensation claims:
- Employee reporting: You must report your injury to your employer within 30 days
- Employer reporting: Your employer must report your injury to their insurance carrier within 5 days
- Initial payment: Benefits should begin within 14 days after the employer has knowledge of the injury and disability
Many employers delay by “losing” paperwork, claiming they never received proper notification, or failing to report your injury to their insurance carrier promptly.
3. Denying Medical Treatment Authorization
Your employer’s workers’ compensation insurance should cover reasonable and necessary medical treatment for your work injury. Common delay tactics include:
- Refusing to authorize diagnostic tests
- Slow-walking specialist referrals
- Requiring multiple “independent” medical examinations
- Questioning treatment recommendations
4. Surveillance and Social Media Monitoring
Some employers and insurance companies use surveillance tactics to discredit your injury claim. They may:
- Hire private investigators to follow you
- Monitor your social media accounts
- Take statements from co-workers out of context
- Use any evidence of physical activity to claim you’re not actually injured
Your Legal Rights When Facing Delays
Missouri law provides important protections when employers unnecessarily delay valid workers’ compensation claims:
- Right to Choose a Doctor in Certain Circumstances – While employers generally have the right to select your treating physician, if your employer refuses to provide medical treatment, you may be able to choose your own doctor and seek reimbursement.
- Penalties for Unreasonable Delays – Under Missouri Revised Statutes § 287.510, employers or insurers may be liable for additional penalties if they fail to pay compensation within a reasonable time. The Division of Workers’ Compensation can assess penalties of up to 15% of the unpaid compensation, plus interest.
- Right to Expedited Hearings – If your employer unreasonably delays your claim, you can request an expedited hearing before an administrative law judge through the Division of Workers’ Compensation.
- Bad Faith Claims in Extreme Cases – In cases of egregious misconduct by insurance companies, Missouri law may allow for additional legal action outside the workers’ compensation system.
How an Experienced Workers’ Compensation Attorney Can Help
When faced with employer delays, having an attorney who focuses exclusively on Missouri workers’ compensation law can make all the difference:
- Cut through delays: We know how to hold employers and insurance companies accountable to legal deadlines and requirements.
- Proper documentation: We ensure your injury is properly documented from the beginning, making it harder for employers to dispute the work-related nature of your condition.
- Medical evidence: We work with medical experts to strengthen the connection between your work and your injury.
- Appeals and hearings: If your claim is denied or delayed, we represent you through every stage of the appeals process.
- Maximum compensation: We fight for every benefit you’re entitled to, including:
- Medical treatment costs
- Temporary total disability benefits (66 2/3% of your average weekly wage)
- Permanent partial or total disability benefits
- Vocational rehabilitation services
Take Action Today
If your employer is delaying your workers’ compensation claim, contact us for a free consultation. Unlike large corporate firms, you’ll work directly with Attorney James M. Hoffmann, who has recovered over $100 million for injured Missouri workers.