Worker’ Compensation in Missouri
Missouri Workers’ Compensation provides relief to employees suffering or unable to work due to injuries sustained at work. The Missouri Division of Workers’ Compensation, a branch of the Missouri Department of Labor, administers Missouri’s workers’ compensation program.
Missouri Workers’ Compensation Questions
Do I qualify for Missouri Workers’ Compensation Coverage?
Every full time or part time employee in the service of any Missouri employer with at least five employees is protected by Missouri Workers Compensation coverage. If you have been injured and you are not sure if you are protected under the Missouri workers’ compensation law contact a Missouri Workers Compensation Attorney to find out. Not sure if your injury qualifies you for Missouri workers’ compensation? Ask yourself these two questions: Can you reasonably show that the accident you were involved in is likely the cause of the injury you sustained? Is it reasonably apparent that your injury is related to your employment or work environment? If the answer is yes or you are not sure, you should immediately contact an experienced Missouri worker’s compensation attorney to evaluate your potential claim and determine the appropriate course of action.
This article is meant as a starting point or a general guideline to help you to determine if you may have a Missouri worker’s compensation claim. Although the application of the Missouri Workers Compensation laws may sound simple, they are not. It is important to consult an experienced worker’s compensation lawyer as soon as possible after you become aware of your injury.
When to Report a Missouri Worker’ Compensation Injury?
As discussed in the above section about Illinois Workers Compensation, it is best to report your workplace injury to your supervisor sooner rather than later. You should also review the above questions and answers to understand how to document your accident and injury. In Missouri, an employee is required to give written notice of the time, place, and nature of the injury, and name and address of the person injured within 30 days after the accident. If your injury is in the nature of an occupational disease or as a result of repetitive trauma, you are required to give written notice of the injury no later than 30 days after the diagnosis of the condition. If you have not provided the written notice as required by law, you still may be able to bring a claim. To make that determination, it is necessary to consult an experienced Missouri workers’ compensation attorney to determine the best course of action based upon the details of your case.
Some employers provide an accident report form to make the initial report of injury. If they do not, you can submit this on your own form by writing your name and address on a piece of paper on which you set forth the time, place, and nature of your injury, and provide it to your supervisor. You should keep a copy of your injury or accident report and note the date, time, and person you delivered it to.
Please note that your employer may have their own workplace requirements requiring you to immediately report any injuries. Therefore, you should always report your injury to your employer as soon as possible.
Missouri Workers Compensation Statue of Limitations
A Missouri Workers’ Compensation Claim must be filed:
- Within two years after the date of injury or the last payment made on the claim, or
- Within three years after the date of injury or the last payment made on the claim if the employer does not file a Report of Injury with the Missouri Division of Workers’ Compensation.
If you’re unsure, contact a St. Louis Workers Compensation Lawyer soon after your injury as possible even if you think you may have exceeded these limitations.
What Benefits does the Missouri Workers’ Compensation Law Provide?
Missouri Workers’ Compensation laws generally provides for payment of your medical bills for medical services provided by a physician chosen by your employer, payment of temporary total disability benefits for periods of time you are unable to work, and payment for any permanent disability sustained. The amount of benefits you receive depends upon your average weekly wage and the level of disability you sustained.
What is the Fee That Your Missouri Workers Compensation Attorney Receives?
A Missouri Workers Compensation Lawyer is limited to recovering a 25% contingent fee for representing workers compensation claimants.
Read about Workers’ Compensation in Illinois.