Filing your claim before the deadline ensures you don’t lose out on medical care and lost wage benefits. Contact us today.
When injured at work in Missouri, understanding the workers’ compensation deadlines is crucial to ensuring you receive the benefits you’re entitled to. Missing a deadline can result in claim denial, lost medical coverage, and no compensation for lost wages.
🚨 Need help with your claim? Contact the Law Office of James M. Hoffmann for a FREE case evaluation today.
What Is the Deadline to Report a Workplace Injury in Missouri?
30 Days—Injured workers must report their injuries to their employer within 30 days of the accident or the discovery of an occupational illness (RSMo § 287.420).
How to Properly Report a Work Injury:
- Provide written notice (email, letter, or official work injury form).
- Include:
- Date, time, and location of the accident.
- Details of the injury and symptoms.
- Names of witnesses, if applicable.
Failure to report the injury within 30 days could result in claim denial unless there’s a valid reason for the delay (e.g., unconsciousness, hospitalization).
🔹 Pro Tip: Always keep a copy of your injury report for your records. If your employer refuses to accept the report, send it via email or certified mail to create a paper trail.
How Long Do You Have to File a Workers’ Compensation Claim in Missouri?
2 Years—Missouri law requires injured workers to file a workers’ compensation claim within two years of the date of injury or last payment of benefits (RSMo § 287.430).
🔹 Exception: If your employer fails to report the injury to the Missouri Division of Workers’ Compensation, the deadline extends to three years.
What If I Miss the Filing Deadline?
If you fail to file within the two-year limit, your workers’ compensation benefits may be permanently lost.
When Does the Workers’ Comp Filing Deadline Start?
The two-year deadline typically begins on:
- The date of injury – For accidents like falls, burns, or fractures.
- The date of the last benefit payment – If you received medical or wage replacement benefits, the clock restarts on the last payment date.
- The date of diagnosis – If the injury is occupational (e.g., repetitive stress injury, toxic exposure), the clock starts when the worker becomes aware of the condition.
📌 Example: If a construction worker develops lung disease due to asbestos exposure, the deadline starts when a doctor confirms the illness is job-related.
How to File a Workers’ Compensation Claim in Missouri
If your employer refuses to file your claim, you can file it yourself.
Steps to File a Missouri Workers’ Compensation Claim:
- Download the Claim for Compensation Form (Missouri Workers’ Compensation Claim Form).
- Complete the form with details about your injury, employer, and medical treatment.
- 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, your employer and their insurance company will be notified.
What Is the Deadline for Appealing a Workers’ Compensation Denial?
If your claim is denied, you have the right to appeal. The appeals process follows strict deadlines:
1. Deadline to Request a Hearing Before an Administrative Law Judge (ALJ)
- Deadline: 20 days after receiving the denial notice (Missouri Workers’ Compensation Appeals Process).
- Process: File a Request for Hearing to challenge the denial.
2. Deadline to Appeal to the Missouri Labor and Industrial Relations Commission
- If the Administrative Law Judge denies your claim, you have 20 additional days to file an appeal with the Missouri Labor and Industrial Relations Commission.
3. Deadline to Appeal to the Missouri Court of Appeals
- If the Commission denies your claim, you can appeal to the Missouri Court of Appeals within 30 days of the decision.
📌 Pro Tip: The appeals process is complicated—consulting a workers’ compensation attorney increases your chances of success.
Special Circumstances That Affect Filing Deadlines
1. What If You Are a Minor?
If an injured worker is under 18, the two-year deadline doesn’t start until they turn 18.
2. What If You Are Mentally or Physically Incapacitated?
If an injury results in a coma or severe disability, the clock does not start until the worker regains the ability to file a claim.
3. What If Your Employer Doesn’t Have Workers’ Compensation Insurance?
If your employer doesn’t have workers’ comp insurance, you can still file a claim through the Missouri Second Injury Fund (Missouri Second Injury Fund).
What Happens If Your Employer Delays or Refuses to File Your Claim?
Some employers illegally delay or refuse to file workers’ compensation claims to avoid higher insurance costs. If your employer won’t file your claim, take these steps:
- Submit a written injury report and keep copies.
- File your claim with the Missouri Division of Workers’ Compensation.
- Consult a workers’ compensation attorney to ensure your rights are protected.
🚨 Retaliation Is Illegal – If your employer fires, demotes, or punishes you for filing a claim, you may have a case for wrongful termination (RSMo § 287.780).
Don’t Miss Your Missouri Workers’ Comp Deadlines
Filing your claim before the deadline ensures you don’t lose out on medical care and lost wage benefits. If you’re unsure about your rights, an experienced workers’ compensation lawyer can help navigate the process.
Contact The Law Office of James M. Hoffmann Today
🚨 Need help with your claim? Contact the Law Office of James M. Hoffmann for a FREE case evaluation today.