Workers' Comp Settlements in Missouri
Whether a workers' comp claim can be settled in Missouri, who must approve the settlement, and how long benefits can last.
Short answer: 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. RSMo 287.390
| 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 |
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| 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 |
| 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 |
Where to get help in Missouri
More Missouri workers' compensation
- Filing a Workers' Comp Claim in Missouri
- How Much Workers' Comp Pays in Missouri
- Retaliation for Filing Workers' Comp in Missouri
- Suing Over a Work Injury in Missouri
- Appealing a Denied Workers' Comp Claim in Missouri
- All Missouri workers' compensation rules
FAQ
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 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 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.
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.