What Is the First Report of Injury In Missouri?
Request Free ConsultationWhen an employee suffers a serious injury on the job, a Missouri workers’ compensation claim serves as an important lifeline either to fill the gap until they can return to the job, to compensate them for the medical expenses and lost wages they’ve already accumulated or to provide compensation for permanent partial disability (PPD) or permanent total disability (PTD). The workers’ compensation claim process can be challenging and a single misstep may result in a denial. It’s important to understand the process and to have experienced legal representation from start to finish. The First Report of Injury is a critical cog in the mechanism of recovering Missouri workers’ compensation after an injury.
What Is the First Report of Injury Filed in a Missouri Compensation Claim?
After an accident in the workplace or the first signs of a work-related injury or illness, the injury victim must seek medical attention to document the injury, inform their immediate supervisor, and ask for an accident report. They’re also required to report the injury directly to their employer. Injuries must be reported in writing to the employer within 30 days of the injury or the appearance of symptoms. However, this is not the “First Report of Injury” required by the Missouri Division of Worker’s Compensation—a common misconception. The First Report of Injury is a specific document that the employer—not the employee—must fill out and file with the Division. The Missouri Department of Labor states that an employer must file this mandatory document within 30 days of their first knowledge of the employee’s injury.
What If an Employer Does Not File the First Report of Injury?
If the employer intentionally misses the filing date or fails to file the report, it could result in significant fines and imprisonment. Missouri requires all employers with five or more employees (two or more for construction jobs) to carry workers’ compensation insurance, prominently display workers’ compensation guidelines in the workplace, and keep detailed records of all workplace injuries. They must also supply employees with a list of medical providers for a workplace injury victim to seek treatment. If the employer does not follow the proper procedure and fails to report the injury within 30 days, the injured employee may file a lawsuit. Workers’ compensation insurance not only protects employees from financial hardship in the event of an injury but it’s also intended to protect employers from lawsuits; however, failing to report an employee’s injury leaves an employer open to a personal injury lawsuit.
How Can a Missouri Workers’ Compensation Attorney Help?
A workers’ compensation claim to cover medical expenses, income loss, and disability is an important safety net for injured employees but it’s also challenging to complete the process successfully and obtain the full benefits you deserve. By hiring an experienced St. Louis workers’ compensation attorney to protect your rights every step of the way, including filing the First Report of Injury from your employer to the Missouri Division of Workers’ Compensation, you have the best chance of a favorable outcome. Call The Floyd Law Firm for a free case consultation so we can quickly take action on your behalf.