Workers' comp deadlines in Missouri: tell your employer and file

Tell your employer in Missouri

Time limit

30 days

Counted from

The date of the accident (for an occupational disease or repetitive trauma, the date the condition is diagnosed)

In writing?

Yes, in writing

If you are late

If written notice is not given within 30 days, you cannot pursue the claim unless the employer was not prejudiced (harmed) by the missing notice. The DWC warns that late reporting may put your benefits at risk.

Illness that develops over time

For an occupational disease or repetitive-trauma injury (for example carpal tunnel syndrome or hearing loss from noise), give written notice to your employer no later than 30 days after the condition is diagnosed, unless you can prove the employer was not prejudiced by the lack of notice.

Report your injury immediately to your employer or supervisor. The law requires written notice to your employer no later than 30 days after the accident, stating the time, place and nature of the injury and your name and address. Keep a copy and a record of the date you mailed or handed it over (and to whom).

Law: RSMo § 287.420

Source: labor.mo.gov

File your claim in Missouri

Time limit

2 years

Counted from

The date of injury or death, or the last payment made on account of the injury or death; 3 years if the employer did not file the required Report of Injury

What to file

Claim for Compensation, filed with the Division of Workers' Compensation by mail (P.O. Box 58, Jefferson City, MO 65102) or by email

Who files it

You report the injury to your employer in writing. Your employer or its insurer files a Report of Injury with the Division. You file a Claim for Compensation with the Division only if you believe you have not been properly compensated.

Source: Form WC-21-A

What your employer must do

Within 30 days after learning of an injury that needs more than first aid or causes lost time, your employer or its insurer must file a full Report of Injury with the Division. The name, address and phone number of the employer's insurer or claims administrator must be posted at the workplace. Your employer must provide the medical treatment needed to cure and relieve the effects of the injury.

When the insurer decides

The law sets no deadline for the insurer to accept or deny the claim. If the insurer stops paying TTD, it must tell you and explain why; if you disagree, you can request a hardship hearing, which the Division sets within 30 days, with a decision within 30 days after the hearing.

Illness that develops over time

For an occupational disease, the Division must receive the claim within 2 years after the disease becomes reasonably discoverable and it is apparent that an injury related to the work exposure has occurred, or within 2 years after the last benefit payment; 3 years if the employer or insurer did not timely file a First Report of Injury.

If you have not been properly compensated, you can file a Claim for Compensation with the Division. It must be filed within 2 years after the date of injury or death, or after the last payment made because of the injury. If your employer did not file a Report of Injury with the Division as required, you have 3 years. Filing any other form or report does not stop the clock; only the Claim for Compensation does. Filing a claim starts a contested case in which an administrative law judge decides the disputed issues.

Law: RSMo § 287.430

Source: labor.mo.gov

Law: RSMo §§ 287.140, 287.203, 287.380

Source: labor.mo.gov

Waiting period and first payment in Missouri

Waiting period

No compensation is paid for the first three days or less of disability on which the employer is open for business (the DWC calls these business days), unless the disability lasts longer than 14 days.

Paid back for the waiting days

If you are unable to work for more than 14 days, the first three days are paid back to you.

First payment

Compensation is paid on the same schedule your wages were paid before the injury, but at least once every two weeks. If uncontested weekly payments are made more than 30 days after they are due, the late payments are increased by 10% simple interest a year. If a check is late, contact your employer or the insurer.

How often you are paid

As wages were paid, at least every two weeks

Law: RSMo § 287.160

Source: labor.mo.gov

Deadline helper

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