Missouri Workers' Compensation: Deadlines, Benefits and How to File
Missouri workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Missouri
- Deadline to report the injury
- Give your employer written notice of the time, place and nature of the injury, and your name and address, no later than 30 days after the accident. RSMo § 287.420
- 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. RSMo § 287.430
- Weekly benefit rate
- Temporary total disability is paid at 66 2/3% of the worker's average weekly earnings on the date of injury, up to a maximum of 105% of the state average weekly wage and not less than $40 a week, for up to 400 weeks while the disability continues. RSMo § 287.170
- Maximum weekly benefit
- For injuries on or after July 1, 2026 (fiscal year July 1, 2026 to June 30, 2027), the state average weekly wage is $1,233.06 and the maximum weekly benefits are $1,294.71 for temporary total disability, permanent total disability and death, and $678.18 for permanent partial disability. Missouri Division of Workers' Compensation, State Average Weekly Wage and Benefit Maximums memo (July 1, 2026); RSMo § 287.170
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Employers with five or more employees must carry workers' compensation insurance (or be approved to self-insure). Construction-industry employers that erect, demolish, alter or repair improvements must carry it if they have one or more employees. Family members of the employer within the third degree count toward the total. The law does not apply to farm labor, domestic servants in a private home, occasional labor for a private household, qualified real estate agents and direct sellers, unpaid volunteers of certain tax-exempt charities, certain inmates and state mental-health patients, and youth-sports officials. Exempt or smaller employers may choose to come under the law by buying a policy. Railroad, postal and maritime workers are covered by federal law instead. Exemptions are in RSMo § 287.090; coverage summary on the Division's Report Your Injury page: https://labor.mo.gov/dwc/injured-workers/report-injury Source: RSMo §§ 287.030, 287.090 |
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| Deadline to report the injury | Give your employer written notice of the time, place and nature of the injury, and your name and address, no later than 30 days after the accident. For an occupational disease or repetitive trauma, the 30 days run from the diagnosis. Late notice may still be allowed if the employer was not prejudiced by it. The Division advises reporting immediately and keeping a copy of the written notice. Division guidance: https://labor.mo.gov/dwc/injured-workers/report-injury Source: RSMo § 287.420 |
| 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 |
| Waiting period | No wage-loss compensation is paid for the first three days (or less) of disability during which the employer is open for business, unless the disability lasts longer than 14 days. If it lasts longer than 14 days, the first three days are paid retroactively. Source: RSMo § 287.160.1 |
Benefits
| Weekly benefit rate | Temporary total disability is paid at 66 2/3% of the worker's average weekly earnings on the date of injury, up to a maximum of 105% of the state average weekly wage and not less than $40 a week, for up to 400 weeks while the disability continues. A worker who returns to lighter work at lower pay may receive temporary partial disability at 66 2/3% of the difference in earnings. A worker who receives unemployment benefits for a period cannot also receive temporary total disability for that period. Benefit summary: https://labor.mo.gov/dwc/injured-workers/benefits-available Source: RSMo § 287.170 |
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| Maximum weekly benefit | For injuries on or after July 1, 2026 (fiscal year July 1, 2026 to June 30, 2027), the state average weekly wage is $1,233.06 and the maximum weekly benefits are $1,294.71 for temporary total disability, permanent total disability and death, and $678.18 for permanent partial disability. The statutory minimum weekly benefit is $40. |
| How long benefits last | Temporary total disability benefits are paid while the disability continues, for no more than 400 weeks. Temporary partial disability benefits are paid during the disability for no more than 100 weeks. Permanent total disability benefits are paid for the worker's lifetime, starting from the date of maximum medical improvement. Temporary partial: https://revisor.mo.gov/main/OneSection.aspx?section=287.180 ; permanent total: https://revisor.mo.gov/main/OneSection.aspx?section=287.200 Source: RSMo 287.170, 287.180, 287.200 |
| Permanent disability | Permanent partial disability is paid at 66 2/3% of average weekly earnings, up to a lower cap of 55% of the state average weekly wage, for the number of weeks set in a schedule of losses for body parts (for example, 232 weeks for loss of an arm at the shoulder), or a proportionate number of weeks (up to 400) for other injuries; serious disfigurement of the head, neck, hands or arms can add up to 40 weeks. Disability must be certified by a physician, and an award is reduced for any portion due to a preexisting condition or aging. Permanent total disability is paid at 66 2/3% of average weekly earnings, up to 105% of the state average weekly wage, for the worker's lifetime from the date of maximum medical improvement. The Second Injury Fund may pay certain additional benefits. Permanent total disability: https://revisor.mo.gov/main/OneSection.aspx?section=287.200 Source: RSMo §§ 287.190, 287.200 |
| Death benefits | If a work injury causes death, the employer pays reasonable burial expenses up to $5,000. Dependents (such as a spouse, and children under 18 or older if incapacitated) receive weekly death benefits of 66 2/3% of the worker's average weekly earnings, up to 105% of the state average weekly wage and at least $40 a week. A surviving spouse who remarries receives a lump sum equal to two years of benefits, and weekly payments to that spouse then end. A separate $100,000 line-of-duty benefit is available to survivors of certain public-safety workers, claimed within two years of the death. Division summary: https://labor.mo.gov/dwc/injured-workers/benefits-available Source: RSMo §§ 287.240, 287.243 |
Doctors, filing, settlements and appeals
| Choosing a doctor | The employer (or its insurer) has the right to choose the treating doctor and other health care providers, and must pay for reasonable medical treatment with no deductible. You may choose your own doctor, but at your own expense unless the employer or insurer authorizes it. If treatment is being provided in a way that endangers your life, health or recovery, the Division or the Commission may order a change of doctor. Division guidance: https://labor.mo.gov/dwc/injured-workers/get-medical-care Source: RSMo § 287.140.1, .2, .10 |
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| How to file | Report the injury to your employer in writing; the employer should arrange medical care and file a report of injury with the Division (you can call 800-775-2667 to confirm it was filed). If you are not properly compensated, you can complete the Division's Claim for Compensation form and mail it to P.O. Box 58, Jefferson City, MO 65102, or email it to dwc.care.unit@labor.mo.gov. Filing a claim starts a contested case decided by an administrative law judge. The Division also offers free dispute-management mediation, and a conference before a judge can be requested when no claim has been filed. Resolve Your Case: https://labor.mo.gov/dwc/injured-workers/legal-process |
| Settlements | Yes. The parties may agree to a compromise settlement, but it is not valid until approved by an administrative law judge or the Labor and Industrial Relations Commission, and a settlement made within seven days of the injury or death is not valid. A settlement may be approved only if it is in accordance with the worker's rights under the law, is not the result of undue influence or fraud, the worker fully understands their rights and benefits, and the worker voluntarily agrees to its terms. Any agreement by a worker to waive rights under the workers' compensation law is not valid. Offering a settlement is not an admission of liability. Source: RSMo 287.390 |
| Appealing a denial | A worker may ask for a pre-hearing, mediation, a hardship hearing (for medical treatment or temporary benefits) or a final hearing before an administrative law judge. An award by the judge can be appealed by filing an Application for Review with the Labor and Industrial Relations Commission within 20 days of the award. A final Commission award can be appealed to the Missouri Court of Appeals within 30 days; the court reviews only legal issues and does not hold a new trial. An approved settlement cannot be appealed. Statutes: https://revisor.mo.gov/main/OneSection.aspx?section=287.480 and https://revisor.mo.gov/main/OneSection.aspx?section=287.495 Source: RSMo §§ 287.480, 287.495 |
| 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 |
| Retaliation for filing | An employer may not fire or discriminate against an employee for exercising rights under the workers' compensation law when that is the motivating factor in the firing or discrimination. An employee treated that way may file a civil lawsuit for damages against the employer. Source: RSMo § 287.780 |
| Filing or checking 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. |
| Lawyer fees in comp cases | 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 |
Lawsuits and uninsured employers
| Suing 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 |
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| 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 |
| If your employer has no workers' comp | If an employer fails to insure as required, the injured worker (or dependents) may choose to sue the employer for damages, and the employer cannot defend on the ground of a co-worker's negligence, assumption of risk, or the worker's own negligence; or claim under the workers' compensation law with payments commuted and immediately payable; or ask the Division to pay medical expenses from the Second Injury Fund. An employer that knowingly fails to insure commits a class A misdemeanor and owes the state a penalty of up to three times the annual premium or up to $50,000, whichever is greater; a repeat violation is a class E felony. §287.128: https://revisor.mo.gov/main/OneSection.aspx?section=287.128 |
Where to get help in Missouri
Workers' Compensation FAQ
Which employers must have workers' comp in Missouri?
Employers with five or more employees must carry workers' compensation insurance (or be approved to self-insure). Construction-industry employers that erect, demolish, alter or repair improvements must carry it if they have one or more employees. Family members of the employer within the third degree count toward the total. The law does not apply to farm labor, domestic servants in a private home, occasional labor for a private household, qualified real estate agents and direct sellers, unpaid volunteers of certain tax-exempt charities, certain inmates and state mental-health patients, and youth-sports officials. Exempt or smaller employers may choose to come under the law by buying a policy. Railroad, postal and maritime workers are covered by federal law instead.
How long do you have to report a work injury in Missouri?
Give your employer written notice of the time, place and nature of the injury, and your name and address, no later than 30 days after the accident. For an occupational disease or repetitive trauma, the 30 days run from the diagnosis. Late notice may still be allowed if the employer was not prejudiced by it. The Division advises reporting immediately and keeping a copy of the written notice.
What is the deadline to file a workers' comp claim in Missouri?
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.
Is there a waiting period for workers' comp in Missouri?
No wage-loss compensation is paid for the first three days (or less) of disability during which the employer is open for business, unless the disability lasts longer than 14 days. If it lasts longer than 14 days, the first three days are paid retroactively.
How much does workers' comp pay in Missouri?
Temporary total disability is paid at 66 2/3% of the worker's average weekly earnings on the date of injury, up to a maximum of 105% of the state average weekly wage and not less than $40 a week, for up to 400 weeks while the disability continues. A worker who returns to lighter work at lower pay may receive temporary partial disability at 66 2/3% of the difference in earnings. A worker who receives unemployment benefits for a period cannot also receive temporary total disability for that period.
What is the maximum workers' comp benefit in Missouri?
For injuries on or after July 1, 2026 (fiscal year July 1, 2026 to June 30, 2027), the state average weekly wage is $1,233.06 and the maximum weekly benefits are $1,294.71 for temporary total disability, permanent total disability and death, and $678.18 for permanent partial disability. The statutory minimum weekly benefit is $40.
Can you choose your own doctor for workers' comp in Missouri?
The employer (or its insurer) has the right to choose the treating doctor and other health care providers, and must pay for reasonable medical treatment with no deductible. You may choose your own doctor, but at your own expense unless the employer or insurer authorizes it. If treatment is being provided in a way that endangers your life, health or recovery, the Division or the Commission may order a change of doctor.
How does permanent disability work under workers' comp in Missouri?
Permanent partial disability is paid at 66 2/3% of average weekly earnings, up to a lower cap of 55% of the state average weekly wage, for the number of weeks set in a schedule of losses for body parts (for example, 232 weeks for loss of an arm at the shoulder), or a proportionate number of weeks (up to 400) for other injuries; serious disfigurement of the head, neck, hands or arms can add up to 40 weeks. Disability must be certified by a physician, and an award is reduced for any portion due to a preexisting condition or aging. Permanent total disability is paid at 66 2/3% of average weekly earnings, up to 105% of the state average weekly wage, for the worker's lifetime from the date of maximum medical improvement. The Second Injury Fund may pay certain additional benefits.
What workers' comp death benefits are available in Missouri?
If a work injury causes death, the employer pays reasonable burial expenses up to $5,000. Dependents (such as a spouse, and children under 18 or older if incapacitated) receive weekly death benefits of 66 2/3% of the worker's average weekly earnings, up to 105% of the state average weekly wage and at least $40 a week. A surviving spouse who remarries receives a lump sum equal to two years of benefits, and weekly payments to that spouse then end. A separate $100,000 line-of-duty benefit is available to survivors of certain public-safety workers, claimed within two years of the death.
How do you file a workers' comp claim in Missouri?
Report the injury to your employer in writing; the employer should arrange medical care and file a report of injury with the Division (you can call 800-775-2667 to confirm it was filed). If you are not properly compensated, you can complete the Division's Claim for Compensation form and mail it to P.O. Box 58, Jefferson City, MO 65102, or email it to dwc.care.unit@labor.mo.gov. Filing a claim starts a contested case decided by an administrative law judge. The Division also offers free dispute-management mediation, and a conference before a judge can be requested when no claim has been filed.
How do you appeal a denied workers' comp claim in Missouri?
A worker may ask for a pre-hearing, mediation, a hardship hearing (for medical treatment or temporary benefits) or a final hearing before an administrative law judge. An award by the judge can be appealed by filing an Application for Review with the Labor and Industrial Relations Commission within 20 days of the award. A final Commission award can be appealed to the Missouri Court of Appeals within 30 days; the court reviews only legal issues and does not hold a new trial. An approved settlement cannot be appealed.
Can you be fired for filing workers' comp in Missouri?
An employer may not fire or discriminate against an employee for exercising rights under the workers' compensation law when that is the motivating factor in the firing or discrimination. An employee treated that way may file a civil lawsuit for damages against the employer.
How long can you receive workers' comp in Missouri?
Temporary total disability benefits are paid while the disability continues, for no more than 400 weeks. Temporary partial disability benefits are paid during the disability for no more than 100 weeks. Permanent total disability benefits are paid for the worker's lifetime, starting from the date of maximum medical improvement.
How do workers' comp settlements work in Missouri?
Yes. The parties may agree to a compromise settlement, but it is not valid until approved by an administrative law judge or the Labor and Industrial Relations Commission, and a settlement made within seven days of the injury or death is not valid. A settlement may be approved only if it is in accordance with the worker's rights under the law, is not the result of undue influence or fraud, the worker fully understands their rights and benefits, and the worker voluntarily agrees to its terms. Any agreement by a worker to waive rights under the workers' compensation law is not valid. Offering a settlement is not an admission of liability.
How do I file or check a workers' comp claim online in Missouri?
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.
How much can a workers' comp lawyer charge in Missouri?
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.
Can you sue your employer for a work injury in Missouri?
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.
Can you sue a third party for a work injury in Missouri?
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.
What if my employer doesn't have workers' comp insurance in Missouri?
If an employer fails to insure as required, the injured worker (or dependents) may choose to sue the employer for damages, and the employer cannot defend on the ground of a co-worker's negligence, assumption of risk, or the worker's own negligence; or claim under the workers' compensation law with payments commuted and immediately payable; or ask the Division to pay medical expenses from the Second Injury Fund. An employer that knowingly fails to insure commits a class A misdemeanor and owes the state a penalty of up to three times the annual premium or up to $50,000, whichever is greater; a repeat violation is a class E felony.
How long do you have to appeal a denied workers' comp claim in Missouri?
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).
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