A serious injury interferes with all aspects of life, including your ability to work, support yourself and your family, and even your ability to take care of routine daily tasks and activities. In Missouri, when someone else causes your injury—such as in a car accident or from a defective product—the injury victim has up to five years to file a claim. This is a generous time limit compared to most states, which allow only two years. Unfortunately, workers’ compensation does not follow the state’s extended time limit for personal injury but has its own timeline that requires careful adherence. Speak with a St. Louis workers’ compensation attorney to discover your options.
How Long Do I Have to File a Workers’ Compensation Claim in Missouri?
When you’ve suffered an injury in your workplace or during the scope of your work duties, you have the right to file a workers’ compensation claim. Following the required time limits is crucial to your claim’s success. Under Mo. 287.430, a workplace injury victim in Missouri has up to two years from the date of their injury to file a claim against their employer’s workers’ compensation insurance.
In Missouri, all employers with five or more employees must carry workers’ compensation insurance. Construction employers must carry workers’ comp coverage if they have even one employee, due to the inherent risks of the construction industry. Worker’s compensation insurance not only provides critical compensation for lost wages while also paying injury-related medical expenses, but it also protects employers against lawsuits.
Why Wait to File a Workers’ Compensation Claim?
It’s a common question to ask why a workplace injury victim would need up to two years to file a claim. In fact, many workplace injury claims are paid in lump sum settlements. Sometimes an injury victim waits until they know the full scope of their damages before filing a claim. A typical settlement not only covers the full cost of all injury-related medical care, but typically also pays two-thirds of the injury victim’s standard wages or salary.
Some injured employees wait until they’ve reached their maximum medical improvement to file a claim; however, the timing of a claim is critical. A successful claim requires an investigation, documentation of evidence that the injury occurred at work, a careful calculation of your medical expenses, and assertive negotiation with the workers’ compensation insurer to receive a settlement. Not only does the process take time, but insurance adjusters know that an injury victim is more likely to settle for a lower settlement if the statute of limitations on their case is running out.
What Other Timelines Apply to a Missouri Workers’ Compensation Claim?
After the injury occurs, it’s important to understand all time limits involved in your claim. First, after the injury, inform your immediate supervisor or manager as soon as possible and ask them to fill out a detailed accident report. Then, see a medical provider as soon as you can—if possible, straight from the workplace where the injury occurred. This helps prove that the injury happened in the scope of your work duties.
It’s crucial to inform your employer of the injury in writing through a Department of Labor form within 30 days of the injury date. Failing to meet this time limit will result in a denial of your claim. After receiving your written notification, your employer must inform their workers’ compensation insurance company of the injury within 30 days.
Finally, it’s always an advantage to hire a workers’ compensation attorney before signing any documents or communicating with the workers’ compensation insurer. An attorney will defend your rights against common insurance company tactics used to dispute, delay, or devalue your claim.