About Workers Compensation Law in Missouri, United States
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.
Why You May Need a Lawyer
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:
- Your claim is denied or contested by your employer or their insurer.
- You disagree with the compensation amount offered or your wage loss calculation.
- You face retaliation, such as demotion or termination, after filing a claim.
- Your injuries are severe or result in permanent disability.
- Medical treatment is being delayed or denied.
- You are required to attend an independent medical exam and are unsure of your rights.
- The work injury involves third-party liability or complex legal issues.
Local Laws Overview
Missouri Workers Compensation law is governed by state statutes and regulations. Here are some key aspects relevant for injured workers:
- Employers must have Workers Compensation insurance if they meet employee number thresholds or operate in construction, regardless of size.
- Injured workers must report their injury to their employer within 30 days of the incident or discovery of the condition.
- The employer, or their insurer, designates the authorized treating physician. Treatment from an unauthorized doctor may not be covered.
- Benefits include payment for medical care, partial wage replacement while off work, and permanent disability compensation when applicable.
- Retaliating against a worker for filing a claim is against Missouri law and may entitle an employee to additional remedies.
- Disputed claims are handled through the Division of Workers Compensation. Mediation, hearings, and appeals are available to resolve disagreements.
- Generally, Workers Compensation is the sole remedy for workplace injuries, but exceptions exist for certain illegal acts or third-party liability.
Frequently Asked Questions
Who is covered by Missouri Workers Compensation law?
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.
What should I do if I am injured at work?
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.
What benefits can I receive under Workers Compensation?
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.
Who chooses my doctor under Missouri Workers Compensation law?
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.
Can I be fired for filing a Workers Compensation claim?
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.
How long do I have to file a Workers Compensation claim?
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.
What if my claim is denied?
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.
How is my compensation calculated?
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.
What happens if I am partially or permanently disabled?
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.
Do I need a lawyer to file a Workers Compensation claim?
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.
Additional Resources
Several resources are available to help with Workers Compensation matters in Missouri:
- Missouri Division of Workers Compensation: State agency overseeing claims, laws, forms, and dispute resolution.
- Missouri Bar Association: Offers lawyer referral services and information on Workers Compensation law.
- Missouri Department of Labor: Provides resources on workers' rights and employer responsibilities.
- Legal Aid Organizations: Offer free or low-cost legal services for those who qualify financially.
- Local Workers Compensation attorneys: Many provide free initial consultations to evaluate your case.
Next Steps
If you need legal assistance with a Workers Compensation issue in Missouri, consider the following steps:
- Gather all documentation related to your injury, including medical records, accident reports, and correspondence with your employer or insurer.
- Review the Workers Compensation resources available through the Missouri Division of Workers Compensation and other organizations.
- Consult with an experienced Workers Compensation attorney, especially if your claim has been denied, you are facing retaliation, or you are unsure about your rights and benefits.
- Do not delay, as there are strict deadlines for notifying your employer and filing a claim.
- Prepare a list of questions or concerns before meeting with a lawyer to make the most of your consultation.
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.
Get a quote from top-rated law firms in Missouri, United States - quickly, securely, and without unnecessary hassle.
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.
