Appealing a Denied Workers' Comp Claim in Missouri
The deadline to challenge a denied workers' comp claim in Missouri, where to file, and the steps from hearing to appeal.
Short answer: 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. Mo. Rev. Stat. §§287.480.1, 287.495.1
| 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 |
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| 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 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 |
Where to get help in Missouri
More Missouri workers' compensation
- Filing a Workers' Comp Claim in Missouri
- How Much Workers' Comp Pays in Missouri
- Workers' Comp Settlements in Missouri
- Retaliation for Filing Workers' Comp in Missouri
- Suing Over a Work Injury in Missouri
- All Missouri workers' compensation rules
FAQ
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).
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.
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.
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.