Hiring a Workers' Compensation Lawyer in Missouri
The limits on workers' comp lawyer fees in Missouri, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Missouri: fee rules
| If you disagree with a lawyer's bill | The Office of Chief Disciplinary Counsel refers fee complaints to the Fee Dispute Resolution Committees operated by The Missouri Bar. |
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| If a lawyer takes your money | The Missouri Bar's Client Security Fund, created in 1966 and maintained by Bar members' annual fees, can compensate clients harmed by a lawyer who has been disbarred, suspended, ruled mentally incapacitated, or has died. Fee disputes and malpractice are not covered. File within two years of discovering the loss using the Client Security Fund Claim Form on MissouriLawyersHelp.org (or request a printed copy from the fund coordinator). A committee recommends full or partial payment or denial, the Board of Governors has final discretion, and the committee aims to decide claims within a year. |
Missouri rules to know first
| Lawyer fee limits | All attorney fees are regulated by the Division of Workers' Compensation or the Labor and Industrial Relations Commission and must be fair and reasonable. A fee becomes a lien on the compensation only if written notice is given to the Division or Commission, which may order it paid in a lump sum or installments and decides fee disputes. Source: Mo. Rev. Stat. 287.260 |
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| Deadline to file a claim | A Claim for Compensation must be filed with the Division within two years after the date of injury or death, or the last payment made on account of the injury or death. If the employer did not file the required report of injury, the deadline is three years. Filing other forms or reports does not stop the clock. A claim against the Second Injury Fund must be filed within two years after the injury or within one year after a claim is filed against the employer or insurer, whichever is later. Source: RSMo § 287.430 |
| Deadline to challenge a denial | A party unhappy with an administrative law judge's award may apply to the Labor and Industrial Relations Commission for review within 20 days from the date of the award. The Commission's final award is binding unless a party appeals to the appellate court within 30 days from the date of the final award, by filing a notice of appeal with the Commission. The deadline to file the original claim is in the workcomp topic (claim_deadline). §287.495: https://revisor.mo.gov/main/OneSection.aspx?section=287.495 |
| Can you sue your employer? | A covered employer must pay workers' compensation regardless of fault and is released from all other liability for the injury, and the worker's and family's rights under the law exclude other remedies except rights the law does not provide for. Co-employees are also released, except when the co-employee committed an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. If the employer fails to insure as required, the worker may instead sue the employer. §287.280: https://revisor.mo.gov/main/OneSection.aspx?section=287.280 |
| Suing someone other than your employer | When a third person is liable for the injury or death, the employer is subrogated to the worker's (or dependents') rights against that person. When the worker recovers from the third party, the employer pays its proportionate share of the costs, including a reasonable attorney fee, and the balance is split between employer and worker in the ratio the statute sets (adjusted if the worker is found partly at fault), unless they agree otherwise. Any notice requirement for the worker's third-party suit was not found in the parts read. Source: Mo. Rev. Stat. §287.150.1, .3 |
| Filing a claim online | Tell your employer about a work injury promptly; the employer files a Report of Injury with the Missouri Division of Workers' Compensation. Reporting to your employer does not by itself open a claim with the Division. To file a claim, complete the Claim for Compensation (Form WC-21) and mail it to the Division (the address is on the form); forms are also available at any Division office. Deadline: generally within two years of the injury, death or last payment, or three years if the employer did not timely file a Report of Injury. Division help line (toll-free): 800-775-2667; information specialists cannot give legal advice. |
Find and check a lawyer
| Lawyer referral service | The Missouri Bar offers LawyerSearch, a directory of lawyers who have chosen to be listed, searchable by area of practice or Missouri county, with optional language-assistance filters; it is not described as a referral service, and "Inclusion on this list does not constitute an endorsement by The Missouri Bar of particular attorneys." In the St. Louis area, the Bar Association of Metropolitan St. Louis sponsors a Lawyer Referral and Information Service (bamsl.org). Missouri Bar phone: (573) 635-4128. BAMSL LRIS described at https://www.moept.uscourts.gov/lawyer-referral-and-information-service |
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| Check discipline history or file a complaint | Complaints about Missouri lawyers go to the Office of Chief Disciplinary Counsel (OCDC) in writing, using the online form, a printed or fillable PDF form, or a letter, one complaint per attorney (OCDC cannot investigate law firms). Mail: OCDC, 3327 American Ave, Jefferson City, MO 65109; phone 573-635-7400. Include the lawyer's name and address, the legal matter, any court and case caption, a detailed statement of facts, and documents such as fee agreements and proof of payment. There is no cost. Staff Counsel reviews complaints in order and tries to respond in writing within about four weeks; if a file is opened, the lawyer is usually notified and may respond, and you may reply. OCDC cannot give legal advice or recover money for you. A list of public discipline imposed since January 1, 2006 is posted by the Missouri courts. Public discipline list: https://www.courts.mo.gov/page.jsp?id=109856 ; disciplinary certificates: https://mochiefcounsel.org/obtaining-disciplinary-certificates/ |
Free legal help
| Free legal aid | Missouri's LSC-funded legal aid organizations give free civil legal help to eligible low-income people by region: Legal Aid of Western Missouri, Legal Services of Eastern Missouri, Legal Services of Southern Missouri and Mid-Missouri Legal Services Corporation. |
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All legal help in Missouri · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.