What is the Workers’ Comp Statute of Limitations in Missouri?

Tolbert Beadle

No one expects to be put out of work due to an injury they received at their place of employment You can be one of the safest employees at your workplace and still find yourself victim to an on-the-job injury. What are you supposed to do when you can’t provide for yourself anymore?

Workers’ compensation claims aren’t as uncommon as you may think. In 2015, $61.9 billion dollars were distributed to claimants for loss of wages and medical benefits. If you’ve suffered from an injury, you don’t need to suffer alone. You can receive the benefits you deserve.

Find out more about what you can do to claim your workers’ compensation benefits.

What is workers’ compensation?

Workers’ compensation is a payment that is provided by an employer to assist you with finances and lost wages in the event that you are injured while on the job. This may lead to a Temporary Total Disability (TTD) status or a Permanent Partial Disability status. If an employer has over five employees, they are required to hold workers’ compensation insurance. If it is a construction company, having more than one employee necessitates that the employer carries workers’ compensation insurance. That being said, the rules vary in each state depending on the department that regulates workers’ compensation.

While most private employees are covered through workers’ compensation insurance, there are some that are exempt. This includes volunteers, independent contractors, small employers and several others. In some cases, agricultural employees may not be eligible. When starting a new job, be sure to check with your employer to see if your position is covered by workers’ compensation insurance. Note that, in order to be eligible for workers’ compensation, your injury must occur during work hours and on the job itself, not during your commute or break off-campus.

Some of the most common reasons for a workers’ compensation claim include:

  • Back injury
  • Knee injury
  • Hand injury
  • Severe cuts
  • Injuries caused by machinery
  • Repetitive strain injuries

What is the statute of limitations for workers’ comp in Missouri?

As soon as you realize you are injured, you must report the injury to your immediate supervisor within 30 days. If the injury occurred over time – like carpal tunnel – you would be required to report within 30 days of discovering the injury. Typically, discovering the injury would occur after being diagnosed at a doctor’s office. You may inform your supervisor in person of the injury, but it is highly suggested that you get the notification in writing just in case you have to dispute it in court.

Once you have notified your employer, they should assist you with filling out the paperwork to report your injury to the Department of Labor’s Workers’ Compensation Division. If an employer fails to submit your injury, they could be held responsible for paying a fine. From the date of the injury, you have two years to file for workers’ compensation. Once the insurance company has determined your eligibility for benefits, they will get back to you with a result.

What happens if my workers’ compensation isn’t granted?

It’s possible that the insurance company may say that you aren’t eligible for benefits, or they may insist that you receive less in benefits than you deserve. If this happens, you’ll need the assistance of a lawyer to fight the insurance company for your rightful benefits. The law changes frequently, meaning you’ll need to choose a lawyer with a strong background in the field who can be up-to-date on the latest regulations. A lawyer can help you to navigate the appeal process, providing insight into how the case is going and ensuring you the best possible outcome.

Has an insurance company denied you your rightful workers’ compensation benefits?

Contact Tolbert Beadle. When we fight for your benefits, we mean business.