Frequently Asked Questions About Missouri Workers’ Compensation Claims

Missouri employers reported nearly 13,000 workplace injuries in 2023, the most recent full-data year. Under Missouri law, employees who suffer injuries or illnesses on the job may file a claim against their employer’s workers’ compensation insurance. A successful claim provides crucial benefits such as compensation for medical expenses, a percentage of lost income, and disability and death benefits. Before filing, many injured employees seek advice from a St. Louis workers’ compensation attorney to understand the process, the benefits available, and their rights and obligations. Below are answers to frequently asked questions about workers’ compensation claims in Missouri.

Do All Employers in Missouri Have to Carry Workers’ Compensation Insurance?

According to the Missouri Department of Labor, all employers with five or more employees must carry workers’ compensation insurance. Construction company employers must carry workers’ compensation even if they only have a single employee. An employer who fails to provide workers’ compensation insurance faces serious financial penalties and the possibility of Class A misdemeanor criminal charges.

What Do I Do After the Injury so I Can File a Claim?

The steps you take after suffering an injury are critical for the success of your claim. After the injury, seek medical treatment either straight from the accident scene or as soon as you experience symptoms. It’s also helpful to use your phone to snap photos of any visible signs of injury and the cause of the injury, for example, a broken scaffolding, a wet floor, or broken equipment. Then, report the injury to a supervisor and request that they complete an accident report. Report the injury directly to your employer as soon as possible. Failing to report the injury to an employer within 30 days will result in a denial of the claim.

How Do I File a Workers’ Compensation Claim in Missouri?

Filing a claim for compensation after a workplace injury requires filling out a detailed form and submitting it to the Division of Workers’ Compensation. There will be a hearing date with a procedure similar to a court hearing. It’s important to have ample evidence supporting your claim at the hearing to avoid a denial. Workers’ compensation insurance providers exist to make profits and often dispute claims on technicalities or common errors. It’s always beneficial to hire an experienced workers’ compensation attorney to represent you throughout this process.

What Percentage of Income Does Workers’ Compensation Coverage Provide?

If an injury prevents an employee from returning to work while they recover or undergo medical treatment and rehabilitation, workers’ compensation provides compensation for 66 2/3% of their standard income. The insurance covers employees with temporary total disability (TTD) until a doctor clears them to return to work. Employees with temporary partial disability (TPD) who return to work on light duty receive 66 2/3% of the difference between their standard pay and their light duty pay.

What If I’m Disabled and Cannot Return to Work?

After a workplace injury victim reaches their maximum medical improvement, their doctor will assign them a disability rating listing their percentage of disability. Missouri workers’ compensation insurance pays permanently disabled workers up to 66 ⅔% of their wages, typically in a lump sum settlement. The amount of the settlement is based on a formula assigning a disability rating by the doctor and the number of weeks of disability, and multiplying it by the employee’s average weekly wages.

Can I Choose My Own Doctor Under Missouri Workers’ Compensation?

Missouri workers’ compensation requires injury victims to undergo treatment by a medical provider from a list of providers chosen by their employer. If they choose their own doctor outside of the employer’s list they may still receive compensation for their lost wages but they will be responsible for their own medical expenses.

What If Workers’ Compensation Denies My Claim?

If workers’ compensation denies your valid injury claim, it doesn’t have to be the end. Often they deny claims based on paperwork or a process error, or because an injury victim saw a doctor outside of their employer’s approved provider list. An injury victim with a denial can file an appeal. About 67% of claim denials are approved upon appeal—often because the injury victim hires a lawyer if they neglected to do so on the initial claim.

Is There a Time Limit on Filing a Workers’ Compensation Claim in Missouri?

Missouri’s statute of limitations for personal injury claims is five years; however, when filing a worker’s compensation claim in Missouri, the statute of limitations is only two years from the date of the injury.

What If Live a Distance Away From the Specialist on My Employer’s Preferred Provider List?

If you have to travel outside of your local area to see a specialist on your employer’s list, workers’ compensation will cover your mileage for round trips of up to 500 miles.

Can My Employer Fire Me for Filing a Workers’ Compensation Claim?

Many work injury victims worry about angering, disappointing or upsetting their employer by filing a workers’ compensation claim. One of the most common reasons people delay filing their claim is for because of this concern. Missouri employment law protects workers from employee retaliation. Section 287.780 of the Missouri Workers’ Compensation Law states: “No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.” In other words, you may file a lawsuit against an employer who fires you or otherwise retaliates against you by demotion or creating a hostile work environment because you filed an injury claim.

How Can a Missouri Employment Lawyer Help Me With a Workers’ Compensation Claim?

Workers’ compensation claims are not always simple. Despite considering workers’ compensation as an important safety net for an on-the-job injury, profit-protecting insurance companies sometimes deny valid claims due to simple errors or oversites. Fortunately, an attorney can assist you in filing a claim with greatest possible chance of success. Call the workers’ compensation lawyers at The Floyd Law Firm for a free consultation and no fees until after we settle your case.