If your workers’ compensation claim is at risk due to delayed injury reporting, don’t wait any longer. Contact us today.
Suffering a workplace injury can be stressful, and in the moments following an accident, you may not immediately recognize the severity of your injury. Many workers continue working despite minor pain, only to realize later that their condition has worsened. But what happens if you don’t report your injury right away?
Failing to report a work injury immediately can jeopardize your workers’ compensation claim, but that doesn’t necessarily mean you lose your right to benefits. Missouri law provides a deadline for reporting workplace injuries, and understanding how to navigate the situation can help protect your claim.
Missouri’s Workers’ Compensation Reporting Deadline
In Missouri, employees must report a work-related injury to their employer within 30 days of the accident. This requirement is outlined in Missouri Revised Statutes, Section 287.420, which states:
“No proceedings for compensation for an injury under this chapter shall be maintained unless a written notice of the injury has been given to the employer as soon as practicable but no later than thirty days after the accident” (RSMo 287.420).
If you were injured at work but did not report it immediately, you still have up to 30 days to notify your employer.
If you fail to report the injury within 30 days, your employer or insurance company may deny your claim unless you can show a valid reason for the delay.
Why Prompt Reporting Is Important
Even though Missouri law allows up to 30 days to report an injury, it is always best to report it as soon as possible. Failing to report promptly can lead to serious challenges, including:
- Your employer or insurer may argue that your injury is not work-related.
- If you delay reporting, your employer may claim that your injury happened outside of work or was caused by something else.
- Your claim may be denied due to lack of evidence.
- The longer you wait to report, the harder it may be to prove the accident happened at work. Witnesses may forget details, and surveillance footage may be erased.
- Medical treatment delays can worsen your condition.
- Some injuries get worse over time if left untreated. Failing to report early may give the insurance company an excuse to argue that your condition worsened due to your actions.
- Your employer may dispute when the injury occurred.
- If there’s no record of the injury, your employer may claim that you were injured on a different day or outside of work.
Common Reasons for Delayed Injury Reports
Many workers fail to report their injuries right away for legitimate reasons. Some common reasons include:
You Didn’t Think the Injury Was Serious
- Some injuries, such as back strains, joint pain, or repetitive motion injuries, may start as minor discomfort but worsen over time.
- Workers may try to “tough it out,” only to realize later that the injury is more severe than they thought.
Fear of Employer Retaliation
- Some workers hesitate to report injuries because they fear being fired, demoted, or mistreated.
- However, Missouri law protects employees from retaliation for filing a workers’ compensation claim (RSMo 287.780).
You Didn’t Know the Injury Was Work-Related
- Some conditions, such as repetitive stress injuries (RSIs) or occupational diseases, develop gradually rather than from a single accident.
- In these cases, workers may not realize work duties caused the injury until a doctor diagnoses them.
Your Employer Discouraged You from Reporting
- Some employers may try to downplay workplace injuries or convince workers that filing a claim isn’t necessary.
- In Missouri, employers cannot legally prevent workers from reporting injuries or seeking medical treatment.
What to Do If You Didn’t Report Your Work Injury Right Away
You may still be eligible for workers’ compensation if you did not report your injury immediately. Here are the steps you should take:
Report the Injury as Soon as Possible
- Even if the 30-day deadline hasn’t passed, report the injury immediately to your employer.
- Provide a written report detailing:
- The date, time, and location of the accident
- The type of injury
- Any witnesses to the incident
Seek Medical Attention Right Away
- See a doctor to document your injury, even if it has been several days or weeks since the accident.
- If your employer refuses medical treatment, seek care independently and contact a workers’ compensation attorney.
Gather Evidence to Support Your Claim
- If your employer or the insurance company questions your claim, you will need evidence to prove your injury was work-related. This may include:
- Medical records
- Statements from co-workers who witnessed the accident
- Emails, text messages, or incident reports related to the injury
Consult a Workers’ Compensation Attorney
- If your employer or insurance denies your claim due to delayed reporting, an experienced workers’ compensation attorney can help you appeal the denial and fight for your benefits.
Can an Employer Deny a Workers’ Comp Claim for Late Reporting?
Employers can deny a workers’ compensation claim if the injury was not reported within 30 days, but that does not mean you have no options.
Missouri law provides exceptions that may allow you to receive benefits still if you can prove:
- You were unaware of the injury until after the deadline (e.g., a delayed-onset condition like a repetitive stress injury).
- You could not report the injury due to a severe medical emergency.
- Your employer had prior knowledge of the injury but failed to document it properly.
If your claim is denied, you can appeal through the Missouri Division of Workers’ Compensation (RSMo 287.480).
Need Help with a Delayed Workers’ Compensation Claim?
If your workers’ compensation claim is at risk due to delayed injury reporting, don’t wait any longer. The Law Office of James M. Hoffmann has over 30 years of experience helping injured Missouri workers secure the benefits they deserve.
Contact us for a free consultation today, and let us fight for your rights.