Filing a Workers' Comp Claim 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.

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.

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.

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.

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.