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Workers Compensation law in Missouri provides protections and benefits to employees who suffer work-related injuries or illnesses. The system is designed to cover medical treatment, wage loss benefits, and rehabilitation costs for employees hurt while carrying out their work duties. In exchange for these benefits, workers generally cannot sue their employers for negligence, making Workers Compensation a no-fault system. Almost all businesses with five or more employees in Missouri are required by law to carry Workers Compensation insurance. For construction businesses, the requirement applies even if there is just one employee.
While the Workers Compensation system aims to provide straightforward benefits, there are many situations where legal advice may be necessary. Common reasons to seek a lawyer include:
Missouri Workers Compensation law is governed by state statutes and regulations. Here are some key aspects relevant for injured workers:
Most employees are covered if they work for an employer with five or more employees, or any construction industry employer, regardless of the number of employees. Some exceptions include farm workers, certain real estate agents, and domestic servants.
You should notify your employer as soon as possible and no later than 30 days after your injury or discovery of a work-related illness. Include the date, time, nature of the injury, and how it occurred.
Benefits may include covered medical treatment, temporary total or partial disability payments while you are unable to work, permanent disability compensation if your injury causes long-term impairment, and death benefits for dependents in fatal cases.
The employer or their insurer has the right to select the authorized treating physician. If you see your own doctor without approval, you may be responsible for those medical bills.
No, Missouri law prohibits employers from retaliating against employees for filing a Workers Compensation claim. Retaliation can include termination, demotion, reduced hours, or other adverse actions.
You must notify your employer within 30 days of your injury. To formally file a claim for compensation, you generally have two years from the date of injury or the last Workers Compensation payment.
If your claim is denied, you have the right to request a hearing before an administrative law judge at the Missouri Division of Workers Compensation. Legal representation is recommended for these proceedings.
Wage loss benefits are typically two-thirds of your average weekly wage up to a maximum set by state law. The amount for permanent disability is based on the severity of your disability and established schedules.
If your work injury results in permanent partial or total disability, you may be eligible for additional lump sum or ongoing benefits, depending on the type and degree of disability.
You are not required to hire a lawyer, but legal counsel can be invaluable if your claim is disputed, denied, involves complex injuries, or if you are unsure about navigating the legal system.
Several resources are available to help with Workers Compensation matters in Missouri:
If you need legal assistance with a Workers Compensation issue in Missouri, consider the following steps:
A legal professional can help ensure your rights are protected and maximize the benefits you may be entitled to under Missouri Workers Compensation law.
Lawzana helps you find the best lawyers and law firms in Missouri through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Workers Compensation, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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