What If My Employer Won’t File My Workers’ Comp Claim?

If your employer won’t file your workers’ compensation claim, you can still protect your rights and get the benefits you deserve.

When you’re injured on the job in Missouri, you have the right to workers’ compensation benefits, including medical coverage, lost wages, and disability payments. However, what happens when your employer refuses to file your claim? Unfortunately, some employers try to avoid responsibility by ignoring or blocking an injured worker’s claim.

🚨 Need help with a Missouri workers’ compensation claim? If your employer refuses to file your claim or retaliates against you, contact the Law Office of James M. Hoffmann for a FREE consultation today.

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Is Your Employer Required to File Your Workers’ Comp Claim?

Yes. Under Missouri workers’ compensation law (RSMo § 287.380), employers are legally required to report work-related injuries to their workers’ comp insurance carrier if the injury results in medical treatment, lost work time, or disability. Also, suppose the injury prevents an employee from working for over three days. In that case, the employer must file a First Report of Injury (FROI) with the Missouri Division of Workers’ Compensation within 30 days.

If your employer refuses to file your claim, they are breaking the law.

Why Would an Employer Refuse to File a Workers’ Comp Claim?

Some employers try avoiding workers’ compensation claims because they fear increased insurance premiums, lawsuits, or regulatory scrutiny. Common reasons an employer might refuse to file your claim include:

They Don’t Have Workers’ Compensation Insurance
- Missouri law requires most employers with five or more employees to carry workers’ comp insurance. In the construction industry, any business with one or more employees must have coverage (Missouri Division of Workers’ Compensation).
- If your employer doesn’t have insurance, they may try to hide your injury rather than face penalties for noncompliance.
They’re Trying to Avoid Higher Insurance Costs
- Employers pay workers’ compensation insurance premiums; frequent claims can raise costs.
- Some businesses discourage claims or pressure employees to use private health insurance instead.
They’re Misclassifying You as an Independent Contractor
- Some employers wrongly classify workers as independent contractors to avoid paying workers’ comp insurance.
- However, job duties, control over work, and other factors determine if you’re an employee, not just your job title (Missouri Workers’ Compensation Act).
They Think the Injury Wasn’t Work-Related
- Employers sometimes wrongfully deny claims, arguing that the injury happened outside of work or was pre-existing.
- However, Missouri law states that you are eligible for benefits if your injury arose out of and during employment (RSMo § 287.020).
They Fear Retaliation Claims
- Some employers avoid filing claims because they think it will lead to lawsuits—especially if they have a history of workplace injuries.
- However, refusing to file a claim is illegal, and workers can take legal action if they are denied their rights.
They’re Hoping You’ll Drop the Claim
- Some employers delay or ignore claims, hoping the employee will give up or miss deadlines.
- However, Missouri law allows workers to file claims directly with the state.

What Are Your Rights if Your Employer Refuses to File Your Claim?

Under Missouri workers’ compensation law, injured workers do not need employer permission to file a claim. If your employer doesn’t file your claim, you can file it with the Missouri Division of Workers’ Compensation.

Steps to Take if Your Employer Won’t File Your Claim:

Report the Injury in Writing (If You Haven’t Already)

Missouri law requires workers to report an injury to their employer within 30 days (RSMo § 287.420).

Provide a written notice (email, letter, or work injury form) stating:
- Date, time, and location of the injury
- How the injury happened
- Symptoms and medical treatment received
Keep a copy of the report for your records.

File a Claim With the Missouri Division of Workers’ Compensation

If your employer refuses to file the claim, you can file it yourself. Here’s how:

Complete a Claim for Compensation Form (Download Here)
Submit it to the Missouri Division of Workers’ Compensation:
- Email: [email protected]
- Mail: Division of Workers’ Compensation, P.O. Box 58, Jefferson City, MO 65102-0058
- Call: (573) 751-4231

Once filed, the Division of Workers’ Compensation will notify your employer and their insurance company.

Seek Medical Treatment

If your employer refuses medical care, go to a doctor alone.
If your claim is later approved, your employer or insurer must reimburse you for medical expenses.

Document Everything

Keep copies of medical records, employer communications, and injury reports.
If possible, get witness statements from coworkers who saw the injury.

Contact a Missouri Workers’ Compensation Attorney

If your employer refuses to file your claim, delays treatment or retaliates against you, contact an experienced workers’ compensation lawyer. An attorney can:

Ensure your claim is filed correctly
Fight claim denials or employer retaliation
Help you obtain maximum benefits

What If Your Employer Retaliates Against You?

It is illegal for an employer to fire, demote, or punish a worker for filing a workers’ compensation claim (RSMo § 287.780). Retaliation can include:

Firing or laying you off
Reducing your hours
Cutting your pay
Harassing you at work
Threatening your job or benefits

If you experience retaliation, you may be able to file a separate lawsuit for wrongful termination.

You Have the Right to File a Claim

If your employer won’t file your workers’ comp claim, don’t wait—you can take action to get the benefits you deserve. Missouri law protects injured workers; you do not need employer permission to file a claim.